Immigration Status

On February 2, 2026, a federal judge temporarily blocked the Administration’s attempt to end Temporary Protected Status for over 350,000 Haitians living in the US. As a result, Haitian TPS does not expire on February 3, 2026 and employment authorization tied to Haitian TPS remains valid while litigation is ongoing. The Administration is likely to appeal this ruling, so stay informed of changes. Partners can share MIRA’s factsheet on Haiti TPS termination. 

Last-reviewed: Feb. 4, 2026

This is federal information. Find more information on Massachusetts specific resources and Rhode Island specific resources.

Table of Contents

Legal Key “Know Your Rights” Immigration Resources

Latest Updates

  • Work authorization validity times shortened: Most new work permits will be reduced from five years to 18 months or 1 year. This applies to work authorization applications that are pending or submitted on or after December 5, 2025 (for 18-month categories) and July 22, 2025 (for 1 year categories). However, current work permits are still valid until the date printed on it, unless they have been terminated. See USCIS news release for more information.  
  • Automatic extensions mostly ended for work authorization: Applicants who file their EAD renewal application on or after Oct. 30, 2025, will no longer receive an automatic extension of their work authorization. There are some automatic extensions by law – certain TPS designations or automatic extensions announced through Federal Register notices. People may consider filing renewals as early as possible; see USCIS When to File.
  • Immigrant visa processing for 75 countries is paused indefinitely: Starting January 21, 2026, the US Department of State is pausing immigrant visa processing for nationals of 75 countries. The guidance indicates that immigrant visas may be filed and interviews conducted but no immigrant visas for nationals of the 75 countries may be issued for the time being. This does not affect non-immigrant visas, such as temporary tourism, student, business, or work visas; however, non-immigrant applicants may face heightened scrutiny under the public charge test. 
  • New countries added to travel ban: As of January 1, 2026, there is a full travel ban for 20 countries, unless someone qualifies for an exemption or already has a valid visa. There is a partial travel ban for an additional 20 countries. This travel ban does not apply to current green card holders and some others. People in the US from the travel ban countries may also have their immigration applications paused, immigration benefits reviewed and be re-interviewed, with stricter security checks. See here for more information about the travel ban from USA Hello.  
  • Termination of Family Reunification Parole program blocked: On January 24, 2026, a federal judge blocked the termination of Family Reunification Parole program for noncitizens from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti and Honduras and their immediate family members. This decision will remain in place until there is a final court order or a higher court changes it.
  • TPS for Honduras, Nepal, and Nicaragua restored: On December 31, 2025, a federal judge ruled that the Administration’s decision to end Temporary Protected Status for Honduras, Nepal, and Nicaragua was unlawful, and restored its protection for these individuals. Certain work permits have been automatically extended, which can be checked online. USCIS has filed an appeal. Follow the National TPS Alliance for more information.  
  • Historic limit on refugee admittance: The administration announced a new record low limit of 7,500 refugees who will be admitted into the US in fiscal year 2026. The Federal Register notice states that the 7,500 admissions will be primarily given to white Afrikaner South Africans.
  • New $1000 parole fee: DHS will collect a $1000 fee when individuals are granted humanitarian parole, grants of re-parole, grants of parole-in-place, and entry on advance parole (including for DACA holders who travel). This new fee does not apply to people already in the US on parole, TPS holders with permission to travel internationally, or adjustment of status applicants. There are also 10 exemptions listed where USCIS has discretion not to collect the fee, including medical emergencies and funeral attendance. 
  • Lawfully present immigrants are losing healthcare and SNAP eligibility: Starting November 1, 2025, many lawfully present immigrants will no longer qualify for tax credits that lower healthcare plan costs. Care teams can share the NILC resource. The three SNAP eligibility cuts in H.R.1. began on November 1, 2025. However, DTA must first screen households for changes and exemptions during their next SNAP recertification before it applies to any of the three cuts. Due to this screening requirement, eligibility cuts will be felt on a rolling basis over the next 12 months. See MLRI’s chart on DTA implementation of H.R.1.
  • Supreme Court rules on racial profiling in immigration enforcement: On September 8, 2025, the Supreme Court approved immigration enforcement in Los Angeles to stop people solely based on “people’s apparent race or ethnicity; the fact that they speak English with an accent or speak Spanish; their presence at particular locations like farms or pickup sites for day laborers; and the type of work they do.” Although litigation in this case continues, this green-lighting of racial profiling in immigration enforcement has immediate consequences and care teams can remind families of the resources available to them.
  • Expanded expedited removal blocked by federal judge: On August 25, 2025, a federal judge blocked the policy of expanded expedited removal, a practice that could quickly detain and deport individuals without going in front of an immigration judge. Read more here.
  • Judges have blocked the President’s Executive Order seeking to ban birthright citizenship: On July 18, 2025, a district court blocked the executive order and on July 23, 2025, the Ninth Circuit Court of Appeals held the executive order is unconstitutional and invalid. The U.S. government did not appeal these decisions, so the Executive Order is blocked from being applied to all current and future children who would fall under the Executive Order. Litigation on the constitutionality of the Executive Order is still pending.
  • New Immigration Fees: New punitive nonwaivable fees for certain immigration benefits are in effect. These include new fees for humanitarian relief that formerly did not require fees. For example, an asylum application now requires a $100 non-waivable initial application fee, including a $100 annual fee for each calendar year the application remains pending, and a $550 initial work permit fee. Temporary Protected Status now requires a $500 non-waivable application fee and a $550 initial work permit fee. Work permit renewals and extensions for TPS and asylum require a non-waivable $275 fee. See the National Immigration Project’s Comparison Chart of the new fees and National Immigrant Justice Center’s Resource Explainer and Chart for more information.
  • Cuba, Haiti, CHNV humanitarian parole program paused: An estimated 531,000 people entered the US through the CHNV sponsorship program. On May 30, 2025, the Supreme Court allowed the Administration to pause CHNV parole while the case is further litigated. The Department of Homeland Security began issuing termination of parole notices by email to people that revoke their parole and associated work authorizations. See this explainer for more information. 
  • Termination Date for TPS for Haiti: On February 2, 2026, a federal judge temporarily blocked the Administration’s attempt to end Temporary Protected Status for over 350,000 Haitians living in the US. As a result, Haitian TPS does not expire on February 3, 2026, and employment authorization tied to Haitian TPS remains valid while litigation is ongoing. The Administration is likely to appeal this ruling, so stay informed of changes.
  • Self-deportation reimbursements: DHS claims it will offer a $1,000 reimbursement to self-deporting undocumented immigrants. However, self-deporting can trigger unlawful presence bars once someone leaves the US. Unlawful presence in the US for less than 365 days can bar someone from returning to the US for 3 years. Unlawful presence in the US for more than 365 days can bar someone from returning to the US for 10 years.
  • Parole status terminated for those who entered the US through CBP One app: Parole status has been terminated for an estimated 985,000 people paroled into the US after seeking asylum at the border through the CBP One app. Many people reported receiving notice of parole termination through email. See ILRC’s FAQ on what to do if you have received notice of parole termination.
  • New Immigrant Registration Requirement: USCIS announced a new “Alien Registration Requirement” for adults and children over 14 years old who entered the U.S. without permission and have not had any contact with immigration authorities. This rule is effective April 11, 2025. Failure to register may lead to federal misdemeanor criminal charges. Registering could lead to detention, deportation, and criminal prosecution for undocumented individuals. See NILC’s FAQ and Know Your Rights for more information regarding this registration requirement. Individuals subject to registration should speak to an immigration attorney.  
  • Department of Homeland Security requests personal information of suspected undocumented immigrants from the IRS: The ITIN program allows those who are ineligible for a social security number to comply with their legal federal tax obligations. The DHS has finalized an agreement with the IRS to turn over this confidential information. See MIRA’s blog post for more information on this agreement.
  • Priority dates for Special Immigrant Juvenile Status (SIJS) moves back: New waiting times for green cards for SIJS applicants were announced through the Visa Bulletin for March 2025. People are now eligible for green cards from SIJS applications filed on August 1, 2019. This means that people who were eligible to get a green card must now wait longer.  
  • Laken Riley Act becomes law: This law requires mandatory ICE detention for certain noncitizens charged with certain crimes, including theft and shoplifting. The law does not apply to people who have been previously admitted to the US (Ex. entered the US on a visa), green card holders, and refugee status holders. The National Immigration Project has a community explainer on the Act.  

President Trump’s Executive Orders

Executive Orders are written instructions from the President of the United States that manage the operations of the federal government. Executive Orders have the power of law. Existing Executive Orders may be overturned by the current US President’s Executive Orders, challenged in court, or revoked/reformed by Congress.

  • See AILA’s policy brief that provides more information on the Trump Administration’s Day one Executive Orders. 
  • Asylum has been barred for those newly arriving at the Southern border. The CBP One mobile app program for asylum seekers has ended. Immigration advocacy groups are challenging this policy as a violation to the right to seek asylum under US and international law. See the policy here.
  • Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans has ended. See the policy here.
  • Attempt to end birthright citizenship for US children born to undocumented parents: The 14th Amendment of the US Constitution guarantees US citizenship to anyone born in the US. Civil rights groups and Attorney Generals from 22 states are suing to block this executive order as unconstitutional. On February 5, 2025, a federal district judge in Maryland issued a nationwide order blocking this executive order. 
  • Refugee Admissions Program has been indefinitely suspended. This includes new applications, case processing, and cancelling planned travel for refugees already approved for resettlement in the US. See the policy here. On February 25, 2025, a federal judge in Seattle blocked this executive order. While US consulates have restarted limited processing of certain refugees, it could take months for the government to fully resume refugee admissions to the US.
  • Sensitive locations, such as healthcare facilities, places of worship, and schools are no longer protected from ICE and CBP arrests. Federal law enforcement must still have a criminal judicial warrant signed by a federal judge to enter private spaces to make arrests. Understand your organization’s internal policies around cooperating with federal law enforcement.  
  • Immigration enforcement at courthouses may target noncitizens who are national security or public safety threats, those with criminal convictions, those who have final orders of deportation and more. The guidance recommends ICE to generally avoid courthouses that only have non-criminal proceedings (ex. Family court, small claims court).  
  • Expanded expedited removal policy to quickly deport certain undocumented immigrants across the country who cannot prove they have been in the country longer than two years, have lawful status, or a claim to protection like asylum. See the policy here. Care teams can share know your rights resources for this expanded policy.

Supporting Families in an Emergency

  • MA Office of Refugees and Immigrants (ORI) free immigration legal assistance help desk for current/former EA residents: Eligible individuals must be a current Emergency Assistance Family Shelter resident, left Emergency Assistance family shelter in the last 12 months, or currently enrolled in the HomeBASE program. See the sign up link here. 
  • Dismissals of Immigration Cases and ICE Arrests at Immigration Court Hearings: Since May 2025, in some immigration cases, the government requests the immigration judge to dismiss the case (close the case). There are widespread reports of immigration officers arresting individuals outside the courthouse or courtroom after the dismissals of their immigration cases. Providers can share Know Your Rights fliers (English) and Know Your Rights FAQ (English/Spanish) to people who have upcoming immigration court hearings.
  • Guide to Changing Your Immigration Court Hearing From In-Person to Online: Members can share the National Immigration Project’s English and Spanish instruction guides to help people change their in person court hearings to online WebEx hearings. People can use this link to access Webex based immigration hearings.     
  • Lawyers for Civil Rights Immigrant Defense Hotline for Immigrants: Call (617) 988-0606 or email hotline@lawyersforcivilrights.org for free legal advice for immigrants facing immigration enforcement or mass deportation. Encourage immigrants to reach out directly for help. Callers who leave a message will receive a same-day response from attorneys.
  • MIRA’s Immigration Helpline for Massachusetts-based immigrants: Schedule a consultation online or call and leave a voicemail at (508) 293-1871. Click here for more information.
  • Know Your Rights: Regardless of a person’s immigration status, they have legal rights. It’s important to be prepared for a potential encounter with law enforcement or immigration officials. There are recorded trainings, resources and fliers for advocates and service providers to support their immigrant community members and mixed status families. See here for learning about your rights when speaking with law enforcement.
  • Red Cards: Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to their home. Red Cards are available in different languages and can be passed out by providers to immigrants and mixed status families.
  • Family Preparedness Plans: Family preparedness plans are a collection of medical information, contact information, documents, and other important forms used in the event of a family emergency or separation, such as detention or deportation. Boston Medical Center has a Family Preparedness Plan (ESP) for Massachusetts families, along with a facilitators’ guide. MassLegalHelp has family preparedness plans in English, Spanish, Portuguese, and Haitian Creole. Rhode Island also has a Family Preparedness Plan for Rhode Island families.
  • Consider designating caregivers in the event of an emergency: See the Lawyers for Civil Rights chart on the different ways to establish legal care arrangements for children in the event of an emergency. Options include Caregiver Authorization Affidavit, Temporary Agent Authorization, and Guardianship.
  • Report Sightings of ICE to LUCE Hotline: LUCE Immigrant Justice Network of MA has a defense hotline (617-370-5023) where community members can report ICE sightings, can find support in exercising their rights, and share verified information to protect the community.
  • Notify someone if you are being detained: Families can also download the Notifica app on their phones that will send alerts to people they trust if they are being detained. Data is encrypted and will include the users last known location in the alerts.
  • Finding someone who has been detained by ICE: Use that person’s A number on the ICE’s detainee locater tool to find which detention facility the person is being held at. If you do not have their A number, you can also use their first name, last name, and country of origin. If the person being detained is under age 18, they will not appear in this system. Contact the ICE Enforcement and Removal Operations field office nearest to where they were picked up.
  • Passport applications for minors: The US Department of State has information on applying for passports for minors under 16. Noncitizen parents may have to make their own arrangements to reunite with their US citizen children, so having passports for their children ahead of time is recommended.
  • Obtaining photo identification for minors: Regardless of their legal status, teens and young adults can receive non driver ID’s in MA. They may face barriers getting other identification documentation to get this ID. Care teams can also discuss with DCF social workers to request a DCF foster ID for the child. See the Committee for Public Counsel Service FAQ for more information.  

Systems Navigation

Immigration Terms

  • Asylum: The legal process for immigrants seeking protection in the U.S. based on persecution in their homeland. Some asylum seekers may also be eligible for other humanitarian protections, such as Temporary Protected Status. However, to be eligible for asylum, USCIS must receive a person’s asylum application within one year of entry. Attorney referral services are available through local legal service agencies or the American Bar Association. MassLegalHelp has a new pro se manual on applying for asylum for people who do not have an attorney to help them.
  • Deferred Action for Childhood Arrivals (DACA): In 2012, the Obama administration created DACA for eligible immigrants who came to the US as children. This program protects them from deportation and provides work authorization. DACA is currently being challenged in federal court. Although USCIS is not accepting new applications, current DACA recipients can still renew their status. DACA recipients with work permits that expire in the next six months are strongly encouraged to renew early. DACA recipients with work permits that expire in six months to a year may also be eligible to renew. DACA recipients must use the new renewal form.
  • Employment Authorization Document (EAD): EADs provide work authorization to certain immigrants. Some people will now be eligible to have EADs valid for 5-years, including refugees, asylees, people with pending asylum applications or adjustment of status (Green Cards). When certain applicants apply to renew their work authorization, they will have a 540-day automatic extension. People with pending U-Visa applications are also now eligible to obtain employment authorization. Care teams can find information on who qualifies for this extension at the USCIS Employment Authorization page. Even though employment authorization documents have a new design, older versions can still be used. 
  • Humanitarian Parole: Parole allows people to enter the U.S. and remain in the U.S. lawfully. Parole can be granted based on personal need or public benefit. Parole processing times are significantly delayed. To ensure they have up-to-date information, care teams can refer people to the USCIS Humanitarian Parole page. 
  • Humanitarian Parole for Cubans, Haitians, Nicaraguans, and Venezuelans: This humanitarian parole program grants travel authorization into the US and allows nationals of Cuba, Haiti, Nicaragua, and Venezuela (up to 30,000 noncitizens each month) to live and work in the US for up to two years.
  • Legal Permanent Residents (Green card holders): When lawful permanent residents apply to renew their status, USCIS now automatically extends their green card for 24 months. To ensure they have up-to-date information, care teams can refer people to the USCIS Green Card Renewal page. Even though green cards have a new design, older versions can still be used as identification, proof of immigration status, and work authorization. 
  • Naturalization: This is the process of going from a Lawful Permanent Resident (green card holder) to a US citizen. USCIS has simplified the disability waiver to make the naturalization process more accessible for applicants with disabilities. To ensure they have up-to-date information, care teams can refer people to the USCIS Naturalization page. 
  • Parole in Place for Noncitizen Spouses and Stepchildren of USC: On November 7, 2024, a federal judge struck down the Biden Administration’s “Parole in Place” program that would allow noncitizen spouses and stepchildren of US Citizens to apply for a green card without leaving the country. MIRA Coalition has a factsheet.
  • Public Charge: Public Charge is a test used to determine if a person entering the US or applying to become a lawful permanent resident is likely to rely on certain government benefits in the future. Protecting Immigrant Families Coalition has a resource on what the current public charge rule is and how it may impact immigrants accessing public benefits.
  • Special Immigrant Juvenile Status (SIJS): This is an avenue to Legal Permanent Residency for abused, neglected, or abandoned children. The child must file the application before their 21st birthday. For more information, see the USCIS website and refer to an immigration attorney.
  • Temporary Protected Status (TPS): DHS designates countries for TPS when conditions make it unsafe for nationals to return, allowing them to apply to stay in the US legally. Due to significant processing delays, USCIS is allowing workers to temporarily use their expired employment authorization and their renewal receipt to prove they are allowed to work in the U.S. TPS recipients from El Salvador, Honduras, Nepal, Nicaragua and Sudan may be eligible to have their work permits (EADS) extended. Full list of countries with TPS designation here. Legal Key has a one pager Spotlight on Temporary Protected Status available in English, Spanish, Portuguese, and Haitian Creole.
  • T visas: This is a temporary immigration benefit for survivors of human trafficking that occurred in the US or on the way to the US. It allows survivors of sex and labor trafficking to live and work legally in the US for four years. After having T visa status for three years, or the completion of the criminal investigation, the survivor can file for lawful permanent residency (a green card). For more information, see the USCIS website and refer survivors to trafficking organizations and an immigration attorney.
  • Undocumented immigrant: A person who is present in the US without the permission of the US government. The person may have entered without being properly inspected by an immigration officer or entered lawfully on a temporary visa and violated the terms of that visa, usually by remaining in the US beyond their authorized stay. Terms like “illegal immigrants” or “aliens” are pejorative terms. Best practices for care teams are to use person centered language.  
  • U visas: These are for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Only 10,000 U visas are granted every year. See the USCIS website for more information and refer people to an immigration attorney.
  • Violence Against Women Act (VAWA) Self-Petition: This is for victims of battery of extreme cruelty committed by their US citizen or lawful permanent resident spouse/former spouse, US citizen or lawful permanent resident parent, or US citizen child. Victims can self-petition for themselves, rather than having to rely on their abusive spouse, parent, or child. If granted, they can receive a 10-year green card. See the USCIS website for more information and refer to an immigration attorney.
  • Visas: Some visa types have limits to how many can be issued each year. After reaching the cap for H2-B visas for non-agricultural temporary workers, the limit was raised. For up-to-date information, care teams can refer people to the U.S. State Dept. 
  • For more immigration terms and definitions, please see MIRA’s Immigration Language Guide.

Unlocking Access® Resources for Care Teams

Resource Guide

The Changing Immigration Landscape: Training Companion Resource List

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How Care Teams Can Support Immigrant Families

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There are many ways care teams can support people with immigration-related needs. For more specific legal information and strategies, care team members who have access to Legal Key’s Unlocking Access® Hub should log in.

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So You Want to Talk About Immigration Status

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If you are a Legal Key partner who does not have their login information, or you’d like to learn more about how to gain access to the Unlocking Access® Hub, get in touch with us!

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