Upcoming event: On Friday, Sept. 18, Austin Kocher is hosting an event about habeas relief for children in prolonged detention. Read his “Habeas for Children” post for details.
International students get a reprieve
A federal judge postponed nationwide implementation of DHS’s plan to replace Duration of Status with fixed admission periods for international students, exchange visitors and foreign journalists. U.S. District Judge F. Dennis Saylor IV granted preliminary relief in a Massachusetts federal-court case one day before the rule was scheduled to take effect. The order pauses implementation while the case continues; it does not vacate the rule or enter final judgment. The existing D/S framework remains operative for now. Reuters, The PIE News, Presidents’ Alliance
In a LinkedIn post, Doug Rand thanked Amy Nice and Jeremy Neufield for “rigorous and lightning-fast research cited by the judge” and cited their paper with Michael A. Clemens, Brain Freeze. The authors estimate that a one-third reduction in foreign STEM graduates would mean roughly 6% fewer high-skill STEM workers overall, more than 11% fewer at the Ph.D. level and long-run annual GDP losses of about $240 billion to $481 billion. Their narrower D/S-alone scenario estimates annual GDP losses of roughly $72 billion to $145 billion within a decade.
The postponement does not restore an expired status, extend work authorization or remove existing student and exchange-program obligations. WR Immigration
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Alligator Alcatraz investigation released
A small metal “calming” enclosure documented by DHS OIG at the former Florida Soft-Sided Facility.
Insect infestation in the shower facilities documented by DHS OIG at the former Florida Soft-Sided Facility.
A DHS inspector-general report found that people held at Florida’s now-closed South Florida Detention Facility were sometimes placed in small outdoor metal enclosures labeled “calming areas.” The report says 79 people spent time in enclosures measuring roughly 16 to 18 square feet between July 2025 and January 2026, with stays reaching about two hours. It also documented problems involving housing space, hygiene, water, showers, food service, medical monitoring and recreation. The facility ceased operations in June, and OIG later closed all 10 recommendations. DHS OIG report, NBC News, CBS News
The photographs make the finding concrete. DHS disputed the extent of federal operational responsibility, while OIG described ICE oversight and federal funding at the state-established facility.
ICE arrests are surging, but deportations are not keeping pace
ICE arrests approached 51,000 in August, while deportations remained roughly steady at about 1,200 per day. Reuters, reviewing preliminary government data, reported that arrests rose by about 19,000 from May while daily deportations stayed about the same. Legal claims, limited flights and receiving-country capacity, local cooperation, technology and data-sharing problems help explain why arrests do not automatically become completed removals. People with criminal convictions accounted for less than a quarter of July arrests, according to Deportation Data Project data cited by Reuters. Reuters
Public charge returns to the courts
Twenty-two states and the District of Columbia, along with a coalition of cities, sued to block a new public-charge rule scheduled to take effect September 18. The rule would give immigration officers broader discretion to weigh benefits such as Medicaid, food assistance and housing support when deciding whether some immigrants can receive green cards or admission. It does not make benefit use an automatic disqualifier, but the lawsuits say the change could discourage families from seeking help they are legally eligible to receive. Reuters, New York Attorney General, New York City Mayor's Office, CNN
The lawsuits argue that DHS exceeded its authority and violated the Administrative Procedure Act. The policy follows the rescission of the 2022 public-charge regulation and the administration’s return to a broader framework under INA § 212(a)(4); the court challenges now put both the rule and its practical effect on access to health, food and housing assistance before a federal judge. California Attorney General, Complaint
Upcoming
The next four weeks.
- Sept. 15, 2026
USCIS will accept only the 09/15/26 editions of Form I-539, used for status extensions and changes, and Form I-765, the work-permit application. Older editions will be rejected at intake; the filing date is the online-submission date or, for paper filings, the postmark date.
International students (F-1), exchange visitors (J) and foreign media staff (I) can currently stay as long as they keep their program going — "duration of status." This final rule replaces that with a fixed end date, and they would have to apply for an extension of stay to remain longer. It is a major rule under congressional review, so DHS may publish a different effective date.
- Sept. 18, 2026
People applying for a green card from inside the US face a broader public charge test — whether an officer thinks they might come to depend on government benefits — after DHS scraps the narrower 2022 rule. USCIS is issuing a new edition of the green card application (Form I-485) and will stop accepting older editions from that date.
- Sept. 25, 2026
The Office of Refugee Resettlement, which houses unaccompanied immigrant children, wants to keep using its mental health assessment form and to merge its two illness-reporting forms (active TB and non-TB) into a single Onsite Health Intervention Form. Comments are open until the deadline.
- Sept. 28, 2026
Immigration judges would be able to fine people who defy their authority in court (contempt), under a proposed rule setting out who can be penalised, how much, and how to appeal — aimed mainly at lawyers and others appearing in deportation cases. Comments can be filed until 11:59 p.m. Eastern on September 28, 2026.
- Oct. 1, 2026
A new fiscal year's supply of employment-based green card numbers becomes available on October 1, so the October 2026 Visa Bulletin — the State Department chart that sets who can file or be approved based on their place in line (priority date) — may show forward movement in backlogged categories such as EB-2 India.
- Oct. 5, 2026
The federal office that houses immigrant children who arrive without a parent or guardian, the Office of Refugee Resettlement (ORR), wants to revise the forms its inspectors use to check whether shelters are meeting licensing rules and other legal requirements. Anyone can comment until October 5, 2026.
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Around the system
Miami’s immigration court has become an endurance test. People are arriving before sunrise for mass hearings, worried that missing a hearing could result in an in-absentia removal order. El País described an 11-year-old who waited nine hours for a virtual hearing; NPR reported lines stretching outside the Miami court and hours-long waits inside. EL PAÍS English, NPR
Landowners and an environmental group are challenging expedited border-wall construction near Big Bend, Texas. Conserve Big Bend and landowners sued over DHS’s authority to fast-track a wall and related infrastructure in the remote region. Texas Tribune, First Alert 7
A DHS voter-data investigation is drawing whistleblower allegations about unreliable matching and state-law violations. Reporting describes an effort to compare federal immigration records with state voter files, with allegations that the process could wrongly implicate U.S. citizens. The claims have not been independently adjudicated. CNN, NPR
Immigrant-rights groups are challenging warrantless ICE arrests in Maryland. A federal lawsuit seeks class-action relief and a preliminary injunction, alleging arrests without warrants or probable cause and describing aggressive tactics. The Washington Post, Amica Center for Immigrant Rights
A Guilford County, North Carolina, detention officer was fired and charged after officials found ICE detention forms with allegedly forged signatures. The sheriff’s office said 20 forms were used to keep people in jail for ICE; the allegations should be checked against the office’s original release before publication. Corrections1
A Boston, Massachusetts, report found that outside law-enforcement agencies could access vehicle data during a Flock license-plate pilot, despite the city’s instruction that access be restricted. ICE appears among the agencies associated with the reporting, but the coverage does not establish that ICE used the Boston data. WBUR, The Boston Globe
A Michigan coalition is asking Congress to end ICE’s use of four county jails. The campaign is directed at Rep. Elissa Slotkin and comes alongside a dispute over whether ending the contracts would reduce arrests; Michigan Public also explains how custody transfers work in the state. Michigan Public, News From The States
DHS has proposed ending the 60-day grace period for some workers who lose their jobs. The proposal would affect E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. It is not in force: the current grace period remains available unless DHS issues a final rule. Comments are due November 10. Federal Register, WR Immigration