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U.S. Immigration News Updates

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U.S. immigration policy changes fast. A court ruling or a policy shift at USCIS can affect your visa, your green card, or your family's case.This page is updated every week on Monday by the team at Hacking Immigration Law, LLC. We track what is actually happening in immigration law, enforcement, and the courts, and explain what it means for people going through the process right now.If something in these updates raises a question about your situation, contact us for a consultation.

 

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Supreme Court will decide whether ICE can hold people without a bond hearing

On Thursday, October 1, the Supreme Court agreed to decide whether mandatory detention without a bond hearing may be imposed on noncitizens who entered without inspection and were later detained in the interior. In 2025, DHS took the position that these people are "applicants for admission" subject to mandatory detention, which broke with decades of past practice, including that of Trump's own first administration. Most courts have rejected that reading: eight federal appeals courts have ruled against the government on similar cases, while the 5th and 8th Circuits held that the government may require mandatory detention without bond hearings. It is one of the first cases the Court has accepted since its summer recess and is expected to be among the most consequential of the new term.

 

What this means for you: Missouri is in the 8th Circuit, one of the two courts that sided with the government, so detained people here currently have fewer options than people in most of the country. A ruling against the government could change that. If someone in your family has been held without a bond hearing, talk to an attorney now about federal court options rather than waiting for the Supreme Court, which likely won't rule until next year.

A second judge blocks the $100,000 H-1B fee

A second federal judge has blocked the $100,000 fee on new H-1B visas, ruling that immigration officials skipped required rulemaking procedures before putting the charge into effect. The order covers agency policies implementing both the original proclamation and the September extension of the fee. This adds to the June ruling in Massachusetts, where the First Circuit refused in July to pause the decision, keeping the fee blocked while the appeal proceeds. One caution: the ruling does not affect a separate proposed DHS fee of more than $103,000.

 

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Refugees, asylees, and other legal immigrants lose Medicaid

As of October 1, refugees, asylees, humanitarian parolees, trafficking victims, and certain abused spouses and children lost access to full Medicaid nationwide under last year's budget law. Refugees who have not yet become permanent residents remain eligible for Emergency Medicaid, which covers emergency treatment regardless of status. In Illinois alone, about 9,300 noncitizens are losing benefits. And this is only the first wave: in January, many lawfully present immigrants will lose help paying for marketplace insurance, and refugees enrolled in Medicare will lose that coverage.

 

What this means for you: If you came as a refugee or were granted asylum and haven't adjusted to a green card yet, this is one more reason not to wait. Your benefits eligibility now turns on which status you hold, and moving forward on your case is the one piece of this you control.

 

The IRS wants to ask if you're a citizen on next year's tax return

A draft Form 1040 asks filers to check yes or no on whether they and their spouse are a U.S. citizen, U.S. national, or someone lawfully authorized to work in the U.S. It would appear on returns for tax year 2026 that most people file in early 2027. The change still needs to be approved. The question has renewed concerns about the IRS sharing taxpayer information with immigration authorities, though green card holders generally meet the definition.

 

What this means for you: Do not stop filing your taxes. Attorneys and tax professionals are urging ITIN filers to keep filing, since noncompliance creates its own legal exposure. A consistent tax history also matters later if you apply for a green card or citizenship.

 

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New class action challenges Trump's second birthright citizenship order

After the Supreme Court struck down the first order on June 30, the president signed a second one in August. The new order aims to strip citizenship from children born through surrogacy, born to a parent employed by an international organization, or born to a parent the government claims is a gang member. The ACLU and other groups filed a federal lawsuit challenging it on September 28. The suit points to a DHS interim rule stating that children stripped of citizenship under the order may be "subject to removal from the United States."

 

"Pop-up" immigration courts are appearing in federal buildings

The new pop-up courts started in September, are not listed as courts, and are run by DHS rather than the court system. Attorneys and members of Congress have been blocked from entering, and the Justice Department hasn't publicly announced the sites. Immigration attorneys say clients have received just days' notice that their hearings were moved up and moved to a new location.

What this means for you: Check your hearing information often, not just once. If you get a notice that your hearing date or location changed, call your attorney the same day. Missing a hearing, even one that was moved on short notice, can result in a removal order.

 

That's this week's roundup. Stay informed, and don't navigate these changes alone.

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