H-1B Uncertainty, New DHS Secretary & Birthright Citizenship

This week on Immigration Watch, we’re debriefing the major shifts in the H-1B visa system, the confirmation of a new DHS Secretary, and a Supreme Court case that could reshape birthright citizenship in the United States.

More Uncertainty Surrounding H-1B Visas

Significant changes to the H-1B visa program are beginning to reshape how skilled foreign workers and U.S. employers approach hiring.

Traditionally, international students would complete their education in the U.S. and transition into the workforce through employer-sponsored H-1B visas. That pathway is now becoming far less predictable. Amid confusion over new application fees and policy changes, employers are hesitant to offer sponsorships, resulting in skilled foreign workers reconsidering whether they’d like to work in the United States at all.

The lottery system itself has also changed. When applications exceed available visas, selections now factor in wage levels and job characteristics, prioritizing higher-paid and (presumably) higher-skilled roles. The policy is designed to steer H-1B applicants toward more specialized positions while preserving entry-level jobs for American workers. In practice, this means companies may increasingly choose the most qualified candidate regardless of sponsorship needs for higher skilled positions, further narrowing opportunities for international applicants who recently complete their degree(s).

I have further explained the changes to H-1B visa applications in my newsletter published on January 15, 2026.

Senator Markwayne Mullin as New DHS Secretary

The Senate has confirmed Oklahoma Senator Markwayne Mullin as the new Secretary of Homeland Security in a 54–45 vote, with Democratic Senators John Fetterman and Martin Heinrich joining Republicans in support. Mullin’s immediate task is to stabilize DHS by improving efforts to get parts of DHS open again that have been shut down since February due to the partial government shutdown. Then to oversee DHS’s enforcement operations, including Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and the Transportation Security Administration (TSA).

Mullin has indicated he plans to take a less public-facing approach than his predecessor, Kristi Noem, emphasizing that while DHS operations may be less visible, enforcement and security efforts will continue.

At the same time, Mullin is already drawing scrutiny. He has refused to endorse policies that would keep immigration agents away from polling stations, stating that noncitizens should not be voting and expressing confusion over public backlash. However, he has affirmed that agents will not enter homes or businesses without a judicial warrant signed by a judge.

Birthright Citizenship Case Goes to the Supreme Court

At the Supreme Court, the future of President Trump’s executive order restricting birthright citizenship remains uncertain following oral arguments this week. Justices across the ideological spectrum expressed skepticism toward the administration’s arguments. Several conservative justices, including Chief Justice John Roberts, Neil Gorsuch, and Amy Coney Barrett, pressed questions that suggested unease with the order’s constitutional grounding, making this a closer case than many anticipated.

The justices’ discussion centered heavily on history, particularly the original meaning of the 14th Amendment. At the same time, modern concerns, such as “birth tourism” and shifting global norms, also surfaced. Justice Samuel Alito suggested that constitutional interpretation may need flexibility to address “contemporary reality”.

Another key issue is whether the executive order conflicts with existing federal law that codifies birthright citizenship. That tension could provide the Court with a narrower path to strike down the policy without fully redefining the Constitution’s scope. President Trump attended the hearing but left after his administration’s arguments concluded, which appeared to have little impact on the justices.

A decision is expected in June.

Conclusion

I’ll continue to monitor and debrief these updates over the coming weeks. If you have any questions on how these changes could affect you or your organization, please reach out to me at RCohen@bhlawpllc.com. To receive debriefings from me, subscribe to Immigration Watch.