New Vetting Process, Increased Penalties for I-9 Violations, & TPS at the Supreme Court

This week on Immigration Watch, we’re covering a new USCIS vetting policy that is already delaying adjudications, increased penalties for Form I-9 violations, and a Supreme Court case that could determine the future of Temporary Protected Status (TPS) for hundreds of thousands of individuals. Here’s what you should know.

New USCIS Vetting Process Causes Delays

A new vetting process implemented by USCIS is already creating significant delays for certain immigration applications. Beginning April 27, USCIS began requiring officers to resubmit applications to enhanced FBI background checks, even though biometrics had already been provided. This change is part of an enhanced security screening initiative and is reportedly placing many Adjustment of Status (AOS), Naturalization, and asylum cases on hold.

The policy applies specifically to cases where FBI background information was received before April 27. In those situations, USCIS officers must re-submit fingerprint-based screenings again before adjudication can proceed. However, if a USCIS officer intends to deny a case, resubmission is not required.

In practice, this new requirement is slowing down processing times and adding another layer of uncertainty for applicants who were already awaiting decisions. Employers and individuals alike should expect longer timelines as USCIS works through this additional vetting step and should not expect to receive immediate approvals at interviews, despite being otherwise eligible for the immigration benefit sought.

Increased Penalties for Form I-9 Violations

Immigration and Customs Enforcement (ICE) has revised how it classifies Form I-9 violations, significantly increasing the risk for employers.

Under updated guidance, errors that were previously considered “technical” and could be corrected without penalty are now being treated as substantive violations. Employers may face immediate fines for mistakes that were once fixed.

At the same time, the ability to correct errors has been reduced. When ICE initiates an inspection by issuing a Notice of Inspection (NOI), employers still have three business days to produce the requested I-9 forms, unless a longer timeframe is negotiated. However, the margin for error within those forms has narrowed considerably.

Employers should take extra care to ensure compliance and seek advice from trusted immigration counsel, because even minor mistakes could now carry financial consequences.

Supreme Court Considers TPS Revocation

The Supreme Court is now weighing whether the Trump administration can revoke Temporary Protected Status (TPS) for Haiti and Syria, a decision that could impact more than 350,000 Haitians and 6,000 Syrians currently living in the United States, and set precedent that could impact the future of nine other TPS country programs in the U.S.

TPS is a federal program that allows the Department of Homeland Security (DHS) to grant temporary protection to individuals from countries experiencing armed conflict or natural disasters. The law requires the DHS Secretary to consult with federal agencies and conduct a thorough review of country conditions before making a decision.

Advocates for TPS holders argue that former DHS Secretary Kristi Noem failed to complete this required analysis. Lower courts have agreed, ruling in favor of maintaining protections while litigation continues.

The administration, however, maintains that the decision to terminate TPS was based on foreign policy and national security considerations. The Supreme Court has previously allowed similar terminations to proceed while legal challenges were ongoing, including in the case involving Venezuela.

If TPS is revoked, many individuals who have built lives in the United States would be forced to return to countries still facing dangerous conditions. The Court could either uphold the administration’s authority or require DHS to restart the review process.

A decision is expected in late June or early July.

Conclusion

As always, I’ll continue to monitor and debrief these developments in the weeks ahead. If you have questions about how these changes may affect you or your organization, please reach out to RCohen@bhlawpllc.com. To receive future updates, subscribe to Immigration Watch.