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Monday, Aug. 24, 2026

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Monday note: The weekend brought a court ruling, a deportation flight, and a detention-facility order that turn policy changes into lived consequences. We're going deep on the developments that will shape this week's immigration news. Produced in part with AI, all mistakes are my own. —David

A judge blocks the 75-country immigrant-visa policy

A federal judge in New York vacated the State Department policy that had directed consular officers to pause or refuse immigrant-visa processing for nationals of 75 countries. Judge Jeannette A. Vargas found that the policy was contrary to law and exceeded the secretary of state's authority. CourtListener (opinion and order), NPR

The ruling removes the blanket nationality-based policy, but it does not automatically reopen every affected case or order the government to issue every visa. Applicants may still face other reasons for delay or refusal. AfghanEvac warned that the ruling alone does not restart every pathway for Afghan applicants. Khaama Press

The case was brought by the Catholic Legal Immigration Network, African Communities Together, U.S. citizen family sponsors and employment-based visa applicants. The next practical question is how the State Department identifies cases affected only by the vacated policy and communicates with applicants. CourtListener docket

The order also does not erase separate travel restrictions. And an immigrant visa is permission to seek admission as a permanent resident, not a guarantee that a person will be admitted at the border.

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Haiti sees the first deportation flight since TPS ended

ICE sent 161 adults to Cap-Haïtien on Thursday in the first deportation flight to Haiti since the administration ended Temporary Protected Status for Haitians. Haitian officials said former TPS holders were among the passengers but did not say how many; the flight also included people in removal proceedings, people with criminal histories or prior charges, and people sent because they had a Haitian parent. AP News, Miami Herald

Haitian officials said former TPS holders were among the passengers but did not say how many. The flight also carried people in removal proceedings, people with criminal histories or prior charges, and people sent because they had a Haitian parent; it landed in northern Haiti because commercial flights to Port-au-Prince remain restricted amid gang violence.

Ninth Circuit keeps the Adelanto order in force

The news from Adelanto, an ICE facility in Southern California, is that a unanimous Ninth Circuit panel rejected the federal government’s request to pause the order requiring immediate improvements. The July 16 preliminary injunction remains in effect while the appeal proceeds. The panel also said the federal government remains responsible for constitutionally acceptable conditions even though GEO Group operates the facility, and pointed to possible remedies including withholding payment, financial penalties or moving people held there. LAist

The injunction requires clean drinking water, adequate food and sanitation, mold remediation, privacy, clean clothing and bedding, outdoor recreation and meaningful visitation. It also limits disruptive headcounts and administrative segregation, requires a remedial plan for medical care and disability accommodations, and provides for two independent monitors. It is preliminary relief, not a final decision on the merits. The court’s order, CalMatters, Public Counsel

The court record and ICE’s Office of Detention Oversight record measure different things. ODO’s September 2025 inspection rated Adelanto “Good,” with three deficient standards and six findings; its February 2024 inspection rated the facility “Superior,” with one deficient standard and one deficiency. ODO is an internal review with its own standards and narrower scope, while the lawsuit addresses facility-wide conditions and constitutional and disability-rights claims. The “Good” rating does not disprove the litigation record, and the preliminary injunction is not a final merits decision. ODO report, ODO report, ICE ODO inspection library

Upcoming

Next four weeks

Aug. 24, 2026

DHS wants to raise the cost of applying for US citizenship (Form N-400) from $760 to $1,330 on paper, and $710 to $1,280 online, with the appeal of a denial (Form N-336) going from $830 to $1,475. Reduced fees and fee waivers for naturalisation would end. Comments close Aug. 24 and implementation likely soon after.

Federal Register

Aug. 25, 2026

Adults who want to take custody of an immigrant child who arrived without a parent or guardian would have to show more documents — proof of identity, proof of income, and information for background checks — before the Office of Refugee Resettlement (ORR) releases the child to them. Comments on the proposed rule are open until August 25, 2026.

Federal Register

Aug. 28, 2026

The comment deadline closes on the DHS rule requiring foreign nationals in the US to register with the government and give fingerprints (Form G-325R). DHS is asking whether more immigration filings should count as registration on their own, and whether to change biometrics rules for some travelers; further rulemaking may follow.

Federal Register

Aug. 31, 2026

Employers using the extra H-2B visas Congress allows for seasonal, non-farm jobs must file a sworn statement (attestation) that they meet the added conditions. The Labor Department is asking the White House budget office (OMB) to renew that collection — the requirement itself is not changing — and comments are open until August 31, 2026.

Federal Register

Sept. 9, 2026

Starting September 9, the heaviest users of H-1B and L-1 visas owe a federal fee on every extension petition, not just when they hire someone new or take on another company's worker. The fee — $4,000 per H-1B petition, $4,500 per L-1 — applies to companies with 50 or more U.S. employees when more than half of them are on H-1B or L-1 visas. DHS says its old reading of a 2015 law wrongly let same-employer extensions skip the fee; this rule closes that gap through September 2027.

Federal Register

Protection from deportation for Salvadorans in the US (TPS) is scheduled to end September 9, 2026. DHS's decision on whether to extend it was due July 11 and has not been published; by law, if no termination notice publishes, the designation continues automatically for six months.

25-1083 Mullin v. Doe (06/25/2026)

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Around the system

Maryland privacy and civil-rights advocates asked Attorney General Anthony Brown to investigate companies they allege sold or shared residents’ location, vehicle, personal and ITIN data with law-enforcement or immigration customers. The complaint names Penlink, Motorola, Thomson Reuters, Insight LPR, LexisNexis, Flock Safety and ThunderCat Technology. The attorney general’s office said it was reviewing the complaint; Penlink and Thomson Reuters disputed the allegations. NPR, CBS Baltimore,

The Trump administration appealed its loss over sanctuary policies in Newark, Jersey City, Paterson and Hoboken, New Jersey. A federal judge had dismissed the challenge, saying the cities’ policies largely reflected an existing state directive limiting local cooperation with federal civil immigration enforcement. New Jersey Monitor

The Tulsa County Sheriff’s Office announced a memorandum with ICE that gives certain deputies authority to perform immigration-enforcement tasks. The announcement adds an Oklahoma agency to the expanding set of local law-enforcement bodies working under 287(g) agreements. KTUL

New York sheriffs were considering a legal challenge as the state’s deadline for ending existing ICE agreements approached. Newsday reported that as many as 20 sheriffs were discussing joining a lawsuit; seven of the 12 agencies with formal 287(g) agreements had said they would end them. Newsday, New York attorney general

Maine police departments are adjusting to a law that limits when they can ask about immigration status, share personal information with ICE or CBP, or honor civil immigration detainers. The law took effect July 29, and local agencies describe new procedures while saying they will comply with it. Portland Press Herald

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Curated news, primary source context, useable data, and a calendar of what’s coming in the immigration system. Free every weekday in August.

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