Throughout the week, we’ve continued to see significant updates to U.S. immigration policies – here’s a summary of what we know.
1. Threats of Migrant Detainment at Guantanamo Bay
At the signing of the Laken Riley Act on January 28, President Trump announced that the “worst criminal aliens” would be sent to a detention center in Guantanamo Bay, Cuba, famously known for holding detainees without charges or fair trials and for documented human rights violations.
On January 29, President Trump signed a memorandum directing the Department of Defense (DOD) and the Department of Homeland Security (DHS) to begin expanding the Migrant Operations Center at Guantanamo to accommodate up to 30,000 beds.
Experts have raised serious legal and constitutional concerns and are questioning the logistics of such a large-scale expansion. We are continuing to monitor developments closely.
2. Temporary Protected Status Under Fire
President Trump has begun taking aim at lawful, temporary immigration programs.
On January 28, newly appointed DHS Secretary Kristi Noem vacated the 18-month extension and redesignation of Temporary Protected Status (TPS) for Venezuelans. The extension had been announced on January 10 and applied to more than 600,000 Venezuelan migrants under the Biden administration.
- Individuals granted TPS in 2021 will retain protections through September.
- Individuals granted TPS in 2023 will retain protections through at least April (we are waiting to see whether a six-month extension will be issued).
TPS allows migrants from designated countries experiencing ongoing armed conflict, natural disasters, or other extraordinary conditions to temporarily live and work in the United States while dangerous conditions persist in their home country.
We are closely watching how DHS proceeds with TPS for Venezuelans, as well as for the 16 other countries currently designated for TPS. Economists predict significant repercussions for the U.S. economy if these programs are terminated, with potentially hundreds of thousands of migrants no longer authorized to work in the United States.
3. ICE Arrests and Detainments
ICE has begun arresting and detaining immigrants across the United States, seemingly targeting sanctuary cities and large immigrant communities.
On January 21, DHS ended policies that previously prevented ICE agents from entering “sensitive” locations, including:
- Hospitals
- Schools
- Places of worship
- Domestic violence shelters
It is important to understand your rights:
A judicial warrant is required for ICE to legally demand entry into private property (a home or business). ICE administrative warrants alone are not formal judicial warrants.
Judicial warrants will be signed by a judge and will state “U.S. District Court” or a State Court at the top.
I will continue to share more information on this as developments unfold. 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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rcohen@bhlawpllc.com | 315-701-6347