Since my last update on January 30, we’ve continued to see several major developments in U.S. immigration policy. Below is the latest:
1. First Migrants Flown to Guantanamo Bay
On February 4, the first U.S. military plane transported migrants from El Paso, Texas, to Guantanamo Bay, Cuba – marking the first time the U.S. government has flown migrants from within the continental United States to that military facility.
According to reports, there were approximately 10 migrants aboard the flight, and as part of the base’s expansion plan, temporary housing like tents and fenced areas have been set up near the Migrant Operations Center.
This action has sparked significant concern from immigration advocates due to Guantanamo Bay’s history of detaining individuals without charges or fair trials and the lack of transparency around which migrants are being sent, what rights they will have, whether they will have access to legal and social services, and how long they may be detained.
2. Termination of TPS for Venezuelans Granted in 2023
On February 3, the Department of Homeland Security announced that Temporary Protected Status (TPS) for Venezuelans granted under the 2023 designation will not be extended. TPS protections tied to that 2023 designation will terminate at 11:59 PM on April 7, 2025 because DHS determined that Venezuela no longer meets the criteria for that specific designation.
This decision does not apply to Venezuelans who received TPS under the 2021 designation, which remains valid until September 10, 2025.
As a result, more than 348,000 Venezuelan TPS recipients from the 2023 cohort could lose work authorization and deportation protection if they do not have other legal status.
3. Birthright Citizenship Safe Until Further Notice
On February 5, U.S. District Judge Deborah L. Boardman issued a nationwide preliminary injunction blocking President Trump’s executive order that sought to end birthright citizenship under the 14th Amendment. This injunction is broader and more durable than the earlier restraining order mentioned in my January 27 update and will likely remain in place until the case is resolved or a higher court intervenes.
Judge Boardman noted that no court in U.S. history has endorsed the administration’s interpretation of the 14th Amendment, and this order will remain blocked while litigation continues.
The U.S. Department of Justice is expected to appeal this ruling to the Fourth Circuit Court of Appeals.
4. Potential Migrant Deportation to El Salvador Prisons
On February 3, Secretary of State Marco Rubio announced that El Salvador has offered the use of its mega-prison facilities to house deported migrants of any nationality, in addition to expansion plans at Guantanamo Bay. It’s not yet clear whether the U.S. government will proceed with this option now or in the future.
The offer has raised serious legal and humanitarian concerns, as El Salvador’s prison conditions have been described in U.S. government human rights reports as harsh and potentially life-threatening.
I will continue to monitor these developments closely and provide updates as they become available. To read more about what I’ve written about today and more, you can subscribe to my bi-weekly LinkedIn newsletter, Immigration Watch.
Rebecca R. Cohen
Rebecca R. Cohen is a trusted immigration attorney who represents individuals, families, and employers in complex family- and employment-based immigration matters with a combination of strong advocacy and practical guidance. Known for her deep knowledge of visas, green cards, citizenship, and dual citizenship issues, she helps clients understand their options and develop effective strategies to achieve their goals. With a collaborative, solution-focused approach and certified mediation training, Rebecca provides clear communication, attentive support, and thoughtful preparation throughout the immigration process.
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