September 2026 Newcomer Policy Update
Want to keep up with newcomer policy updates in the U.S.? Every month, Global Cleveland publishes our newcomer policy update so that you can stay informed about the latest news.
This month’s Newcomer Policy Update at a glance:
- Durbin, Padilla to propose bill limiting ICE arrests
- DHS announces rule for children of foreign government employees
- Government asks Supreme Court to allow third country removals
Durbin, Padilla to propose bill limiting ICE arrests
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Democratic Senators Alex Padilla and Dick Durbin reported to The Guardian newspaper the details of a new bill they expected to introduce in the coming weeks, aimed at reigning in the powers of arrest and indefinite detention of Immigration and Customs Enforcement (ICE).
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The proposed legislation would implement oversight of ICE’s operations and write in statute what circumstances ICE can arrest and detain individuals.
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The proposed bill would be called the “Immigration Warrant Reform Act.”
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While the bill is not expected to move forward in the current congress, where Republicans hold a majority, it remains possible that it could return in the future.
DHS announces rule for children of foreign government employees
- The Department of Homeland Security issued a new rule in the federal register clarifying the process by which children of foreign government employees can obtain permanent resident status.
- Children of foreign diplomatic officials represent a unique aspect of immigration law, as their parents are generally in the US on a diplomatic visa that grants them a form of immunity from US laws, they are not considered “subject to the jurisdiction” of the US.
- The new rule clarifies that children of at least one parent who was employed by a foreign government under included categories at birth, neither of who’s parent is a US citizen, are eligible for legal permanent residency, widely known as a green card. Eligibility is broader than in previous rules on the subject.
- Not all foreign government employees are covered by this; among the ones that are not are employees of state owned enterprises, those working as personal aides to foreign officials, as well as foreign government employees visiting the US outside in a personal capacity.
- https://www.uscis.gov/newsroom/alerts/dhs-announces-rule-for-certain-children-born-in-the-united-states-to-foreign-government-employees
Government may consider $100k fee for OPT
- The Trump administration is moving forward with plans to impose new fees on the use of Optional Practical Training (OPT), with a rule having gone to the Office of Management and Budget for review.
- Media reports have suggested that the fee may be $100,000, matching the one the administration previously announced for H1Bs, which has been subject of litigation, however this has not been officially confirmed.
- If implemented, it is expected the rule would face a major lawsuit, similar to the one that led the H1B fee to be blocked.
- https://www.fragomen.com/insights/united-states-dhs-to-propose-new-h-1b-and-opt-fees.html
Trump orders new H1B scrutiny for employers with recent layoffs
- A new executive order aims at enhancing enforcement of federal immigration regulations meant to prevent companies from using the H1B visa while having had widespread layoffs.
- The order will call for multiple agencies of the US government, including the departments of Labor, Homeland Security, State, Commerce, Education, and SBA, to coordinate on the issue.
- Agencies are directed to consider whether an employer conducted or plans to conduct layoffs of similar situated US workers.
- https://www.boundless.com/blog/h1b-layoffs-executive-order
DHS proposes ending 60 day grace period
- A proposed rule would end the existing grace period offered to holders of H-1B, E, L-1, O-1, and TN visas after they leave a job.
- Currently, such workers are allowed for a sixty day period to obtain a separate authorization. Under the proposed new rule, they would be out of status immediately after their last day of their old job unless they obtained new sponsorship or authorization.
- The regulation has not been finalized and is currently open for public comment.
- https://www.rnlawgroup.com/dhs-proposes-to-eliminate-the-60-day-grace-period-for-h-1b-l-1-o-1-e-and-tn-workers/
USCIS practices on weekend filing deadlines to change
- The US Citizenship and Naturalization Service announced a new change to how it treats immigration filing deadlines that occur on a holiday or weekend.
- Under the new rule, the USCIS will now allow for paper filings that arrive on the next business day if the original deadline fell on a weekend or on a holiday.
- However, certain personal occurrences, such as the applicant’s birthday, no longer are eligible for the above extension.
- https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20260923-DefinitionOfDay.pdf
El Salvador TPS to continue for the moment, but may end
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The US government announced that El Salvador’s designation under temporary protected status would remain for the time being, enabling Salvadorians under the status to continue to work in the US.
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However, officials indicated that an announcement on the longer term future of the designation would be made “at the appropriate time”, leading to significant uncertainty.
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El Salvador was initially designated in 2001 after a series of earthquakes; since then the country has experienced a significant wave of violence related to organized crime, however the country has become significantly less dangerous in recent years and the country’s criminal gangs have seen their power curbed by a series of crackdowns.
Government ask Supreme Court to allow third country removals
- Attorney General Todd Blanche filed a request with the United States Supreme Court to allow for the administration to continue to arrange deportations to third countries.
- Mexico is reportedly the most common destination for third country deportations, but agreements with African countries have been especially high profile.
- The policy had been declared unlawful in a court of appeals in Boston earlier this month.
- https://www.theguardian.com/us-news/2026/sep/24/trump-supreme-court-third-country-deportation
Appeals court blocks third country deportation, federal government scrambles to halt them
- A federal appeals court in Boston blocked the Administration from deporting migrants to third countries without an opportunity to contest their cases.
- The New York Times reported on the aftermath of that ruling, which resulted in federal authorities quickly taking deportees off of scheduled flights, including to Costa Rica, Honduras, and the Central African Republic.
- The Department of Justice criticized the timing of the ruling, saying it happened “in the dark of night” and did not give the government a chance to respond.
- https://www.nytimes.com/2026/09/24/us/politics/trump-third-country-deportations.html
