From the Newsroom
immigration updates: June 3rd, 2025
Hi everyone,
The way removal (deportation) proceedings work is that you get a document that charges you with immigration offenses and tells you to go court on a specific date. From there, you start what is sometimes a short and sometimes a very long process where ICE is represented by lawyers and you represent yourself, unless you get a lawyer to do that for you.
The government has to prove the charges against you, and if they don’t, the case is terminated and you get back to your life. If the government does prove the charges, then you get the chance to “seek relief” by identifying a defense that might allow you to stay regardless; you might be otherwise eligible to apply for a status based based on family, employment, or a humanitarian basis. It gets really complicated, but there is a process that basically works, just as in a criminal or in any other civil context.
However, this is a government that isn’t really keen on understanding laws, or following laws, or just laws; they really would just rather skip all that. Right now, if you try to follow orders by appearing for your court hearings, they might just decide to arrest you there instead: in the elevator, in the hallways, wherever. Here in New York, Miami, and all over the U.S.
The trick they’re getting the most mileage from is to get you to show and, once you’re there, suddenly decide that they changed their mind and do not want to pursue the charges, getting the case dismissed, depriving you of the opportunity to seek a defense and allowing them to just grab you, then move you around the country so that your family and lawyers can’t find you.
Or, if they don’t even want to bother with “changing their mind,” they might just deport you while the hearings continue, then ask the judge to end the case once they’ve dropped you off in a Salvadoran prison: regardless of whether you you are from El Salvador, or have anything to do with El Salvador. And no, this has nothing to do with convictions.
As a last resort, should the judge decide not to play along, ICE can merely decide that you’re a flight risk or public safety threat and take you into custody, which has the effect of scaring some from attending their hearing: which then results in removal order, allowing ICE to detain and deport you at any time, in any place.
Apparently, current ICE staff is not executing this scheme fast enough. As we’ve mentioned, the National Guard has been recruited to the purpose, and the FBI is on their way as well.
We’re attaching a flyer here from the American Immigration Lawyers Association (AILA) to help you avoid this type of scenario.
This week’s self-harm update:
The administration continues to do what it can to prevent pretty much anyone born abroad from subsidizing our schools with their money. We referenced earlier the announcement of a policy to halt processing of student visas at U.S. embassies so that they can review social media postings on “national security” and “foreign policy” grounds, and apparently cables to the embassies from the Department of State (DOS) have gone out to that effect.
Per AILA (DOS spelling errors included):
The cable directs consular officers to maintain “extra vigilance and to comprehensively review and screen every visa applicant for potential security and non-security related ineligibilities including to assess whether the applicant poses a threat to U.S. national security.” The cable singles out Harvard, stating that the purpose of the new vetting instructions is “to address the acute concerns of violence and anti-Semitism at Harvard University.” The cable states that it applies not only to students but any nonimmigrant visa applicant intending to travel to Harvard for any reason, including “prospective students, students, faculty, employees, contractors, guest speakersk [sic], and tourists.” It also states “implementation of this ALDAC [cable] will also serve as a pilot of expanded screening and vetting of visa applicants. This pilot will be expanded over time.” (emphasis added).
Notably, the cable points out that “lack of any online presence” or making social media accounts private “may be reflective of evasiveness and call into question the applicant’s credibility.” . . . The cable also notes that any online presence should be reviewed, not just social media. Note that while this so-called “pilot” currently applies to Harvard-related visa applications, it may be expanded to other types/categories/universities/businesses.
And if you’re a Chinese student currently here on a valid student visa, they might just revoke it entirely, without anything to do with social media.
For the employers:
E-Verify employers have been getting very vague emails from Homeland Security alleging that the employer may have a number of unauthorized workers, without providing much guidance by way of what the employer is supposed to verify this or what ot do about it. We encourage any employer receiving these to identify who their E-Verify administrator is and to reach out to immigration and/or employment counsel.
And USCIS is partnering with the the Social Security Administration to verify U.S. citizenship and immigration status by checking a social security number within the the Systematic Alien Verification for Entitlements (SAVE) program.
Also, fees going up. Again.
That’s it for the week. Thanks for reading, and let me know if there’s anything you’d like me to cover.
Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
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