This week on Immigration Watch, we’ll be covering the purge of immigration judges and increased deportation speeds, the destabilizing immigration crackdown policies under the Trump Administration, lawsuits for courthouse arrests, and the H-1B backlog abroad.


The Purge of Immigration Judges and Increased Deportation Speed

A recent New York Times investigation finds the Trump Administration has intensified pressure on immigration judges to accelerate deportations, raising concerns about judicial independence and due process. Immigration judges operate within the Department of Justice, and recent internal messaging suggests that decisions perceived as too favorable to immigrants could trigger disciplinary action.

Trump has removed approximately 100 of the nation’s 750 immigration judges while appointing more than 140 new ones. Critics argue that this shift is not just administrative but aimed at aligning rulings with the administration's enforcement priorities. Judges are reporting growing pressures to move cases quickly and limit relief, and there are policy changes that reinforce the trend. Bond is being increasingly denied to individuals who entered the country without authorization, keeping more people in prolonged detention regardless of risk factors.

In the words of one retired judge, the results of this are a system that increasingly resembles “an assembly line” rather than an independent court.


A “Quieter”, More Destabilizing Crackdown

Immigration enforcement is shifting towards policies that are making life difficult and unsustainable for immigrants in the U.S. Rather than relying solely on arrests or raids, the administration is increasingly pursuing restrictions across housing, employment, and financing.

Measures under discussion or already in place include:

  • Restricting subsidized housing for mixed-status families
  • Limiting commercial driver’s licenses for certain noncitizens
  • Cutting off access to federal small business loans
  • Exploring bank requirements to verify citizenship status

Simultaneously, the Department of Homeland Security (DHS) is offering financial incentives for voluntary departures: up to $2,600 and travel assistance. While tens of thousands have accepted, more immigrants – many with families, jobs, and property in the U.S. – are unlikely to voluntarily depart.

These strategies are designed to have a cumulative effect on immigrants, making it difficult to remain in the U.S. Rather than a single sweeping policy, there’s a series of constraints designed to gradually push people out.


Immigrants’ Suit Over Courthouse Arrests Proceeds

Enforcement tactics are also being challenged in court. A federal lawsuit against the Department of Justice (DOJ), DHS, and Immigration and Customs Enforcement (ICE) is moving forward over arrests at courthouses, which plaintiffs argue deter immigrants from appearing for hearings or seeking relief.

In one case, an asylum seeker was arrested at a courthouse, detained, and placed in expedited removal after her case was dismissed without notice. A federal judge states the policy may be creating widespread fear that discourages participation in the legal system, though the government disputes that any formal policy change exists.


Visa Backlogs Hit High-Skilled Workers

Abroad, H-1B visa holders seeking routine stamping are facing months-long waits at U.S. consulates, with some appointments pushed into mid-2026. The delays are especially severe for Indian nationals. In some cases, workers who traveled for emergencies have been unable to return to the U.S. for months.

The backlog is driven by several things, including staffing shortages, expansions in vetting to include social media screening, the rollback of interview waivers, and requirements to apply from home countries.

These delays affect not just individuals but employers, particularly in sectors like AI where international talent makes up a large share of the workforce.


Conclusion

Across the board, immigration policy is shifting toward systemic pressure rather than singular enforcement actions. Inside the courts, judges face constraints that favor faster deportations. Outside of them, policies are narrowing access to housing, work, and financial systems. And beyond U.S. borders, administrative slowdowns are complicating legal migration pathways.

I will continue to monitor these, alongside other updates in immigration, and report on them. For bi-weekly debriefings, subscribe to Immigration Watch. If you have any questions or concerns on how these new policies may affect you or your organization, please reach out to RCohen@bhlawpllc.com.


Sources

The Purge of Immigration Judges and Increased Deportation Speed

A “Quieter”, More Destabilizing Crackdown

Immigrants’ Suit Over Courthouse Arrests Proceeds

Visa Backlogs Hit High-Skilled Workers