September 2026

Certain longtime U.S. residents facing detention can seek a bond hearing. In Buele Morocho v. Warden Philadelphia FDC, the Third Circuit affirmed release orders for Gabriel Antonio Buele Morocho and Wanderson Lopes De Andrade, holding that their detention without bond hearings violated the Immigration and Nationality Act—the federal law that governs admission to and removal from the United States—and due process. The ruling means that, for people in their position, ICE cannot make detention automatic under its expanded reading of the law: an immigration judge must be able to assess public-safety risk and the likelihood of appearing for future proceedings. Third Circuit decision, Politico, La Nación

Where someone entered the United States does not by itself bar an asylum application. In Garcia Morales v. Blanche, the Ninth Circuit granted review for a Guatemalan family and held the Circumvention of Lawful Pathways Rule inconsistent with the asylum statute. The ruling says people who have arrived in the country may apply regardless of whether they entered at a designated port of entry; it sent the family’s remaining asylum claims back to the immigration agency. Ninth Circuit decision, San Francisco Chronicle

Stanford student journalists win speech-based visa challenge

Stanford Daily Publishing Corporation and an anonymous F-1 student challenged immigration provisions they said chilled reporting and participation. In Stanford Daily Publishing Corp. v. Rubio, the newspaper said visa cancellation and deportation threats tied to noncitizens’ speech affected its international student journalists; the plaintiffs prevailed on six of eight claims. Court decision, Stanford Daily, SFGATE

Judge Noël Wise found the challenged provisions unconstitutional when used against protected speech. Her August 28 decision held that their application violated the First and Fifth Amendments and granted declaratory relief, but did not permanently block the provisions. Reuters, Al Jazeera

Indiana ICE detention site faces protests and conditions scrutiny

Indiana’s two-year agreement with ICE allows Miami Correctional Facility in Peru, Indiana, to hold up to 1,000 men; the first arrivals came last October. More than 60 events protested the arrangement over the weekend. The American Civil Liberties Union of Indiana recently filed federal suits for detainee Andranik Grigoryan, naming the Indiana Department of Correction and Centurion Health of Indiana and alleging inadequate medical care and unreasonable force; DHS disputes those claims, arguing that they have not been legally verified. Axios, WFYI

ICE maintains contracts for vehicle-forensics and location-tracking tools

Homeland Security Investigations appears to be actively maintaining vehicle-forensics and location-tracking capabilities through two relatively small contracts. Biometric Update reported that Berla iVe can recover navigation histories, GPS logs, and data left by phones connected to a vehicle’s infotainment system after lawful access, while HSI posted a separate sole-source notice involving Ensurity Mobile Corp. covert GPS trackers. ICE reportedly paid Berla about $130,000 in 2025 and spent $311,250 on Ensurity equipment, including 325 trackers; the new notice is not confirmation of an awarded contract. We’ll keep digging into the companies and underlying records. Biometric Update

Around the system

• Third-country removals: Reports describe U.S. deportations to countries where deported people may have no connection, including Liberia and the Central African Republic; the accounts include people with protections against return to their home countries and an Afghan whose relatives assisted the U.S. military. New York Times, AP News

• Visa processing pause: We noted last week that consulate immigrant-visa processing had been paused. The State Department has said the suspension of interview appointments is an operational pause, not a denial of pending applications, though delays can create problems such as expiring medical exams and children aging out of eligibility. La Nación

• Naturalization screening: U.S. Citizenship and Immigration Services has added a policy allowing discretionary personal or neighborhood investigations; they are not automatic for citizenship applicants, but may draw on information from neighbors, employers, or others who know the applicant. Li Law Group, El Comercio

• Local enforcement partnerships: Under Tulsa County’s 287(g) Task Force Model agreement, certified local officers can question and make warrantless immigration arrests of people they suspect are unlawfully present; the sheriff said certified deputies are not assigned to patrol and patrol deputies will not be certified. Journal Record, 287(g) Watch

• Private-data tracking: Spanish-language reports describe Immigration and Customs Enforcement contracts with companies that use public records, commercial databases, and online information to locate people, including possible in-person checks of addresses or workplaces. Univision, MundoNow

The Justice Department has filed lawsuits against 21 states to block tuition policies for undocumented students. The latest suits target Arizona, New Mexico, Oregon and Washington, where some undocumented students who attended and finished high school locally can pay the resident rate at public colleges. In Arizona, Proposition 308 was narrowly approved by voters in 2022 and makes qualifying high-school graduates eligible regardless of immigration status; the DOJ argues that policy unlawfully favors them over out-of-state U.S. citizens. CALÓ News / Arizona Center for Investigative Reporting

The practical question is whether a student’s connection to a state’s schools matters more than their ability to pay an out-of-state price. Across the four states, eligibility generally turns on graduating from an in-state high school and meeting local attendance requirements, rather than immigration status alone. At the University of Washington, the federal complaint puts 2026–27 undergraduate tuition at $13,406 for residents and $44,460 for nonresidents. A federal victory would not merely change a tuition category: it would move access away from a record of growing up and graduating in a state and toward whether a family can absorb the nonresident bill. EL PAÍS

A man died in ICE custody in the Northern Mariana Islands

Lianyong Wei, a 51-year-old Chinese immigrant, was found unresponsive during a morning check at a Saipan detention facility less than a day after ICE took him into custody. NPR reports that he was pronounced dead on Aug. 23, after being transferred from the Commonwealth of the Northern Mariana Islands Department of Public Safety to ICE custody the day before. The report counts Wei as the 57th person to die while held in the government’s immigration custody since the start of the second Trump administration, including 24 deaths since Jan. 1. NPR

The territory’s two relevant agencies both have formal 287(g) agreements with ICE. The Department of Public Safety has a Task Force Model agreement, while the Department of Corrections, which operates the Saipan facility, has a Jail Enforcement Model agreement. Those agreements establish ICE-local enforcement partnerships; they do not explain the circumstances or cause of Wei’s death. CNMI Department of Public Safety — 287(g) Watch, CNMI Department of Corrections — 287(g) Watch

A court found the H-2A wage cut unlawful — but the lower rates remain for now

A federal judge found key parts of the Labor Department’s new H-2A wage formula unlawful, including its treatment of employer-provided housing as a deduction from the pay of temporary agricultural workers. Judge Kirk E. Sherriff concluded the department acted arbitrarily and bypassed required public comment on much of the change. He left the lower wage rates in place temporarily rather than leave the program without federal wage floors, but required notice that qualifying H-2A workers and U.S. workers in corresponding jobs may later be owed adjustments. The Mendocino Voice

In Kentucky, bond hearings did not reliably lead to release

A Sixth Circuit ruling in May gave many people held by ICE in Kentucky a path to bond hearings; a new local review shows that a hearing often did not mean release. Louisville Public Media and the Kentucky Center for Investigative Reporting reviewed more than 400 habeas petitions and identified 178 post-ruling orders for release or a bond hearing. Of 95 people whose bond-hearing decisions were located, immigration judges denied bond in about 80%; 18 received bond, while 76 people in the broader group were released. The follow-up is a useful reminder that a procedural right and the practical ability to leave ICE custody are separate questions. Louisville Public Media / Kentucky Center for Investigative Reporting

Around the system

Vermont prisons agree to improve services for people held for ICE: The Vermont Department of Corrections settled a discrimination complaint brought by the Vermont Human Rights Commission, agreeing to language interpretation and regular access to immigration lawyers and court hearings. The agreement includes no monetary payment. VTDigger

All three witnesses to Lorenzo Salgado Araujo’s death are out of ICE custody: Víctor Salgado Araujo, Lorenzo’s brother and the last of the three men detained after the July 7 Houston shooting, was released after 54 days. Harris County prosecutors have said they are preparing sworn witness testimony for a grand jury and may seek more information from DHS; reporting has also underscored that the ICE agents involved did not wear body cameras. Click2Houston, The Texas Tribune

California sent two ICE-related bills to Gov. Gavin Newsom: One would impose a 25% annual tax on the gross income of private detention-center operators, with revenue dedicated to immigration services; the other would bar law-enforcement officers from using electric-shock gloves. The detention-center measure comes as federal officials seek to develop a new facility in Gilroy, California. The Mercury News

A Louisville detective is under a second investigation involving the city’s Flock camera network: Louisville Metro Police opened an internal inquiry into Det. Wesley Troutman’s reported search for a department vehicle. Earlier this year, the department disciplined Troutman after investigators found that he had shared his Flock credentials with a federal agent who made unauthorized immigration-related searches. Louisville Public Media / Kentucky Center for Investigative Reporting

ICE is considering up to $2 million in robot dogs made in Massachusetts: A DHS procurement document describes Boston Dynamics’ Spot robots as tools for remote inspection, situational awareness and risk assessment in environments that could endanger personnel. The Spanish-language local report notes that Boston Dynamics is based in Waltham, Massachusetts, and that its policy bars weaponization of Spot. El Planeta

A federal judge has again blocked the administration’s effort to narrow birthright citizenship. U.S. District Judge Deborah Boardman in Greenbelt, Maryland, issued a preliminary injunction protecting a certified class while the case proceeds. The class covers U.S.-born children who would lose citizenship under the order because their parents lack citizenship or permanent legal status; the administration can appeal while the underlying case proceeds. The August 7 Immigration Daybook tracked the executive order that set up this next round of litigation. NBC News, CNN en Español

In Miami, immigration court is turning into a mass calendar

Miami Immigration Court has begun using mega-master calendars, putting more than 100 people on a judge’s docket at once. Hearings have been moved up from as late as 2027, while in-absentia removal orders rose from 1,383 in May to 2,886 in July. Austin Kocher’s explainer describes the broader practice of packing well over 100 cases into a single hearing, sometimes on short notice. NPR

A U.S. citizen is back in Texas after being deported

Brian José Morales García is back in Texas after federal lawyers reached an agreement with his counsel following his deportation to Mexico. Morales García says he was born in Denver; his civil-rights lawsuit continues. His case comes as Texas rapidly expands local ICE enforcement: hundreds of agencies now have ICE partnerships, including task-force agreements that let local officers question people about immigration status during ordinary policing. A state law will require most county sheriffs to enter at least one ICE partnership by Dec. 1. The Texas Tribune

Minnesota schools absorb the fallout from Operation Metro Surge

Minnesota schools have lost at least 1,700 students after Operation Metro Surge. Families have kept children home or left their districts amid immigration arrests. The departures leave districts with fewer students and less state funding, making the enforcement surge an immediate pressure point for school budgets and classrooms. MPR News / Sahan Journal

DHS announced 121 arrests at a Memphis nightclub

DHS says ICE arrested 121 people at El Corralón nightclub in Memphis, Tennessee. WPLN described the overnight operation as the city’s largest raid, according to immigrant-rights advocates. DHS highlighted alleged offenses for selected people, but its public account supplied individualized charges or convictions for only five. WPLN, Tennessee Lookout, La Prensa Latina

Four days before the raid, a Shelby County judge authorized a state search warrant for alleged illegal gambling at the venue, including machines, cash and records. The warrant did not mention immigration or authorize immigration arrests. Public videos capture the scene and its aftermath. Memphis Noticias, SubX News video, La Prensa Latina video

Around the system

China wants answers after the death of Lianyong Wei in ICE custody in the Northern Mariana Islands. Its Los Angeles consulate called for a timely investigation, notice of the findings, preventive steps and help for Wei’s family. Wei, a Chinese national, died hours after entering ICE custody; the agency announced his death more than a week later. PBS NewsHour / AP

June brought the highest asylum-denial rate TRAC has recorded. Immigration courts denied 94% of asylum cases that month, while 5.5% were granted; more than 14,000 cases were decided. TRAC cautions that case mix, legal representation and nationality can affect the rates. AZFamily

The Justice Department says states risk future federal funding if they do not report people it considers unlawfully present to DHS. A new Office of Legal Counsel opinion extends the requirement beyond state agencies administering TANF and SSI to all state agencies; reporting says the implementation is unclear and litigation is likely. CNN en Español

Connecticut police emails show ICE regularly sought information from some local departments about dozens of people accused of crimes. The requests included people charged with serious offenses as well as shoplifting and other low-level violations; in some cases, charges had been dropped. The records also show uneven reporting under Connecticut’s Trust Act. Connecticut Public

A Honduran man in North Carolina received a DHS demand for more than $1 million in civil fines tied to a removal order he says he never knew about. Tito Sabillón is pursuing legal residence through his U.S.-citizen wife, but the letter gave him 15 days to appeal with no extension. The administration has revived the fines to pressure people with final removal orders to leave the country. WUNC

Immigration officers detained 17-year-old Gainesville, Florida, student-athlete Sebastian Jimenez Peroza and his family two days before school began. Within a week, the four relatives had been separated among three detention facilities in two states, prompting an outcry from his football team and school community. WUFT

Correction: The Sept. 1 edition cited the Indiana Citizen for a story about protests in Indiana. The Indiana Citizen did not originate the story; it republished reporting by WFYI, a public television station.

Florida has spent $1.4 billion in emergency relief funds on immigration enforcement and is now asking lawmakers for another $250 million in budget authority. The new request lands with hurricane season underway, after emergency-management money has already been directed to immigration enforcement. Miami Herald

The $250 million request includes $187.84 million for immigration efforts and $62.16 million for public assistance. The Division of Emergency Management says it has used 68% of its annual allocation just three months into the budget year and needs authority to pay pending bills. Rep. Alex Andrade, a Republican on the Legislative Budget Commission, said he wanted answers from emergency-management officials before deciding whether to support the request. He called the total “a sporty amount.” Orlando Sentinel

ICE agent indicted over Minneapolis shooting

A federal indictment accuses ICE officer Christian Castro of lying to investigators about the January shooting of Julio Cesar Sosa-Celis during the Minneapolis immigration crackdown. Prosecutors had initially accused Sosa-Celis and another man of attacking an officer, but dropped those charges after video evidence raised questions about the officers’ account of the encounter. Politico, El País

Castro turned himself in to federal authorities Thursday and separately faces Minnesota charges of assault and false reporting in connection with the shooting. The federal charges were still sealed, according to the Associated Press; Castro is the first federal immigration officer prosecuted in connection with Operation Metro Surge. Associated Press

A federal judge can decide how long detention lasts

People challenging ICE detention in federal court face sharply different timelines depending on where their cases land. ProPublica reviewed more than 70,000 habeas cases filed since January 2025 and found that resolved cases in Mississippi’s Southern District had a median closure time of 92 days; in Louisiana, it was 89. In Minnesota, the median was 12 days. Some people were deported before a ruling, while others asked to be deported rather than wait in custody. ProPublica

A habeas petition is a separate request asking a federal judge whether the government has legal authority to keep someone in custody. It does not decide the underlying immigration case or guarantee release, but it forces the government to defend the detention in court. Brennan Center, American Immigration Council

Around the system

Delaware enacted new limits on civil-immigration enforcement by state and local authorities. The three laws bar civil arrests at specified state locations without a judicial order or advance notice; limit activity at schools, hospitals and houses of worship; and restrict detention based solely on an immigration detainer or civil warrant, with stated exceptions. The laws took effect immediately. CoastTV

A Chicago Public Schools custodian returned home after 42 days in ICE custody. Josue Pire-Hidalgo was detained at a routine immigration hearing and reunited with his family after his release; his attorney says he has TPS and a pending asylum application. ABC7 Chicago

School trustees in Santa Clara County, California, are opposing a proposed ICE facility outside Gilroy. More than 50 trustees from 27 districts signed a letter against it, construction is halted, and a court hearing is scheduled for September 8. San José Spotlight

An advocacy coalition reported 56 complaints from 49 people held at Aurora, Colorado’s GEO-operated ICE facility. The report alleges medical neglect, staff misconduct and poor food; GEO and DHS officials were not immediately available for comment. Sentinel Colorado

Florida’s Board of Governors approved a university-admissions rule that Telemundo 51 reports would bar people in the country unlawfully from enrolling in public universities. The vote was unanimous and without debate, despite opposition from students, faculty and education unions. Telemundo 51

USCIS will reject two current forms starting September 15—even if they were completed beforehand. The cutoff covers Form I-539, used by eligible people seeking to extend or change nonimmigrant status, and Form I-765, the work-permit application. For a paper filing, the postmark controls; for an online filing, it is the submission date. Preview copies of the new forms are already online, but USCIS says they cannot be filed before September 15. Only the 09/15/26 editions will be accepted on or after that date. USCIS alert, Arias Villa Law explainer

Three days later, Form I-485 changes too. Beginning September 18, USCIS will accept only the 09/18/26 adjustment-of-status form and reject the two older editions. USCIS: Form I-485

For deported people in Liberia, uncertainty begins after the flight

People put on an August 19 ICE charter to Liberia say they learned their destination only hours before departure, then spent more than a week in a hotel outside Monrovia unsure what would happen next. El País reported that they can leave the hotel, but interviewees said they feared going far; none wanted to remain in Liberia, and six people who refused to disembark were later sent to Equatorial Guinea. El País

A report on removals to Mexico finds that people without family, money or support networks can be bused on to unfamiliar cities after the United States sends them there. It says the United States has sent more than 18,000 third-country nationals to Mexico since January 2025, with many removals taking place through Nogales, Sonora. Conexión Migrante, Desterrados al sur report

California moves to open a window into private detention centers

California lawmakers sent a detention-center transparency bill to Gov. Gavin Newsom. SB 423 would require local agencies to release requested 911-call audio and written emergency records from privately run facilities. It allows withholding only when disclosure would substantially interfere with an active investigation, and requires names to be redacted. The measure followed reporting on alleged sexual assaults at Otay Mesa Detention Center in San Diego, California. LAist / CalMatters

One year after ICE detained 475 workers at a Georgia Hyundai site, a worker files an FTCA claim

The September 2025 ICE raid at Hyundai’s electric-vehicle plant construction site in Ellabell, Georgia, detained about 475 workers. Now Alfredo Fajardo Melgarejo, one of those workers, has filed an administrative Federal Tort Claims Act (FTCA) claim alleging excessive force, detention without probable cause and misconduct despite his valid work authorization; ICE has not publicly answered the allegations. Separately, DOJ told local station WTOC that no charges have been filed against the companies that hired workers in the raid. Centro de los Derechos del Migrante, WTOC

Around the system

USCIS has restored voter-registration help at naturalization ceremonies as its current Policy Manual guidance. The U.S. District Court in Maryland stayed USCIS’s 2025 restriction in League of Women Voters v. USCIS and ordered the agency to return to its 2017 guidance while the case proceeds. Qualifying nonprofit, nonpartisan groups may distribute, review, collect and help complete registration forms after ceremonies, subject to advance written requests and privacy safeguards. USCIS Policy Alert

Santa Fe, New Mexico, will consider local immigrant-protection measures after recent ICE arrests. The proposals cannot bar federal operations, but could limit use of city property and resources. Santa Fe New Mexican

A federal judge dismissed DOJ’s challenge to New Jersey’s limits on ICE use of nonpublic state property. The ruling leaves the state free to withhold its facilities from civil-immigration operations absent a judicial warrant or order. Gothamist

Two former guards at Florida’s closed Alligator Alcatraz detention center face assault charges over an alleged attack on a Cuban man held there. Both have pleaded not guilty. Univision

DHS has told ICE’s in-house lawyers to seek early denials of asylum claims they deem legally insufficient. The immediate directive tells Office of the Principal Legal Advisor lawyers to file “motions to pretermit”: requests that an immigration judge deny asylum without a full merits hearing if, even taking the application’s alleged facts as true, they would not meet the legal standard. It is an internal litigation instruction—not a proposed rule—and ICE cannot deny a claim on its own; the judge decides after the person can respond. Univision