We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
Federal Court Blocks Trump Administration’s TPS Terminations for Honduras, Nepal, and Nicaragua A federal court has ruled that the Trump administration’s decision to terminate Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua was unlawful, delivering a major victory for approximately 60,000 TPS holders who faced the risk of deportation and family separation. In a 52-page summary judgment, Trina L. Thompson, a U.S. District Court judge, found that the Department of Homeland Security (DHS) acted improperly in ending TPS for the three countries. The court concluded that Homeland Security Secretary Kristi Noem made a “pre-ordained decision” to terminate TPS and manipulated the country-conditions review process to justify that outcome. The court rejected the government’s request to dismiss the lawsuit and held that DHS violated the Administrative Procedure Act (APA) by failing to meaningfully assess current country conditions and by not properly consulting with the U.S. Department of State, as required by law. Instead, the judge found that the review process was distorted to achieve the predetermined goal of ending TPS protections. Plaintiffs described devastating real-world consequences stemming from the attempted terminations. Sandhya Lama, a Nepalese TPS holder and single mother of three U.S. citizen children, said the ruling allows her to safely return to work and remain in the United States, emphasizing that TPS provides essential humanitarian protection. Similarly, Jhony Silva, a Honduran TPS holder who has lived in the U.S. since childhood, described losing his job and being forced to pause his nursing studies after TPS protections were stripped. The plaintiffs are represented by a coalition of advocacy organizations, including the National Day Laborer Organizing Network, the ACLU Foundation of Northern California, the ACLU Foundation of Southern California, the UCLA Center for Immigration Law and Policy, and Haitian Bridge Alliance. Advocates welcomed the decision as a critical affirmation of the rule of law. Attorneys emphasized that, under the ruling, TPS protections and employment authorization are restored, employers must honor valid work permits, and the government may not lawfully detain or deport TPS holders from the affected countries based solely on the invalid terminations. The lawsuit was originally filed in July by the National TPS Alliance and individual TPS holders, challenging DHS’s abrupt actions as contrary to congressional intent and long-standing humanitarian principles. The court’s decision marks a significant check on executive authority and reinforces that TPS, a program in place for more than 35 years, cannot be terminated without a lawful, evidence-based process.USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications Pending Security Reviews
U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended approvals of pending adjustment of status applications filed under the Diversity Visa (DV) Program, citing the need to complete enhanced security and integrity reviews. While applications may continue to be accepted and processed procedurally, final approvals will be placed on hold until the reviews are concluded.
According to USCIS, the pause is intended to ensure that applicants granted permanent residence through the Diversity Visa Program do not pose security or public safety risks and that all statutory eligibility requirements are met. The agency emphasized that the measure is precautionary and part of broader efforts to strengthen vetting and program integrity across employment- and family-based pathways.
What this means for applicants:
- Pending cases will not be denied solely due to the pause, but approvals will be delayed.
- USCIS may continue to issue Requests for Evidence (RFEs) or conduct interviews as needed.
- Applicants should maintain valid underlying status and ensure travel plans account for possible delays.
Practice pointers:
- Monitor case status closely and respond promptly to any USCIS requests.
- Consider extension or bridging strategies to maintain lawful status during the hold.
- Employers and applicants should plan for timing contingencies, especially where DV visa number availability is time-sensitive.
USCIS has not announced a specific end date for the suspension. Stakeholders are advised to watch for further guidance on when approvals will resume and how the reviews may affect visa number allocation timelines.
USCIS Tightens VAWA Guidance After Uncovering Widespread Fraud Trends
U.S. Citizenship and Immigration Services (USCIS) announced a significant policy update to its guidance on the Violence Against Women Act (VAWA) program, citing alarming and unprecedented filing trends and recent fraud convictions that threaten the integrity of a system designed to protect genuine survivors of domestic abuse.
According to USCIS, VAWA self-petitions filed on Form I-360 increased by approximately 360% between fiscal years 2020 and 2024, with male self-petitioners rising by 259% during the same period. Even more striking, parent-based VAWA self-petitions surged by 2,239%, a group that historically represented only a small fraction of VAWA filings. USCIS described these trends as highly irregular and inconsistent with the program’s original intent.
While VAWA eligibility requirements themselves have not changed, USCIS emphasized that the explosive growth in filings—combined with shifting applicant demographics—has led to processing backlogs and delayed adjudications for survivors with legitimate claims. The agency stated that misuse of the program by unqualified applicants undermines protections for true victims and diverts limited adjudicatory resources.
To address these concerns, USCIS has updated Volume 3 of the USCIS Policy Manual to clarify statutory requirements, reinforce officer discretion, and reduce opportunities for abuse. Key changes include:
- Codifying long-standing adjudicatory practices and providing clearer explanations of VAWA statutory provisions;
- Streamlining evidentiary expectations to reduce unnecessary Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs);
- Reaffirming USCIS’s sole discretion under INA § 204(a)(1)(J) to determine the credibility and weight of submitted evidence;
- Requiring proof that the self-petitioner resided with the alleged abuser during the qualifying relationship;
- Mandating primary evidence of a good-faith marriage to establish eligibility;
- Tightening rules governing step-relationships, requiring proof that the relationship with the surviving abusive parent or child continues after filing if a death occurs.
USCIS stated that these updates are intended to restore program integrity, combat fraud, and ensure that VAWA remains a vital humanitarian protection for women and other noncitizen survivors of domestic violence, as originally intended by Congress.
The revised policy guidance applies to all VAWA petitions pending or filed on or after December 22, 2025. A detailed Policy Alert outlining the changes has been published by USCIS.
DHS, DOJ Finalize Rule Allowing Public Health Risks to Bar Asylum and Withholding of Removal
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have announced a final rule clarifying when noncitizens may be barred from asylum or withholding of removal on national security grounds tied to public health emergencies. The rule, published via a Federal Register notice, takes effect December 31, 2025.
Originally issued in December 2020 as the Security Bars and Processing rule, implementation was repeatedly delayed. Under the 2025 update, DHS and DOJ withdraw certain outdated amendments from the 2020 version while preserving the rule’s core public health provisions. As a result, adjudicators retain authority to treat significant public health risks—arising during declared public health emergencies—as a security-related bar to asylum and withholding of removal.
The announcement follows a December 2 action by U.S. Citizenship and Immigration Services (USCIS) placing a hold on all asylum applications pending a comprehensive review. DHS described the final rule as an additional step aligned with the priorities of the Donald Trump administration, emphasizing that individuals who may pose a danger to U.S. security should not be granted humanitarian protection.
What the rule does—and does not do:
- Does: Preserve DHS/DOJ authority to consider serious public health risks as a security bar during public health emergencies.
- Does not: Introduce new public health standards; it removes outdated provisions while keeping the practical framework intact.
Implications:
- Asylum and withholding claims may face heightened scrutiny when linked to public health emergencies deemed relevant to national security.
The rule’s effective date of December 31, 2025 marks a key regulatory milestone with immediate consequences for pending and future asylum adjudications.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
