Stay, Just a Little Bit Longer – SCOTUS Today
This post’s title comes from the 1960s doo-wop hit “Stay,” by Maurice Williams and the Zodiacs. I recognize that most practicing lawyers today are too young to know of this classic.
However, its opening line echoes in yet another action of the U.S. Supreme Court, today’s order in Noem v. Doe, granting a stay (for at least a bit longer) of a district court order that had blocked the deportation of more than a half million immigrants from Cuba, Haiti, Nicaragua and Venezuela.
Those persons were in the United States under parole programs that gave them temporary legal status. Today, the Court is allowing the Department of Homeland Security to deprive those persons of that protection and to subject them to deportation, notwithstanding that ongoing legal proceedings could lead to a restoration of the parole programs at issue.
Two dissenting Justices, Jackson and Sotomayor, did opine, but the Court’s order, as is the case with most “shadow docket” proceedings, contains no explanation of the majority’s reasoning. You will recall that on May 19, the Supreme Court issued a similar order regarding another program, in which the Court ended protection for 350,000 Venezuelans.
Citing that order, which by its own terms could evaporate pending future proceedings, is not intended to fuel the debate over the Trump administration’s immigration policy. Instead, it is to call attention to the dissenting opinion issued by Justice Jackson, who writes as follows:
When this Court evaluates whether or not to stay a lower court’s order, the factors we apply are well established: The applicant must show a fair prospect that we will grant certiorari and reverse, that the merits favor them, that irreparable harm will befall them should we deny the stay, and, in close cases, that the equities and public interest are on their side.
We don’t know the extent to which the Court’s majority actually considered each of these well-established criteria for a stay, but we do know that the government’s application did not produce any evidence of the important element of irreparable harm.
Justice Jackson claims, therefore, that “[t]he Court has plainly botched this assessment today.” Whether or not one agrees with that assessment, it appears that the Court is leaning toward an expansive view of presidential foreign affairs power. Future litigation will provide a definitive answer.
At present, more than three-quarters of a million South and Central American would-be refugees are vulnerable to deportation. And as any frequent reader of this blog—or of the news—should know, questions of administrative law are coming to dominate the Supreme Court’s docket.
Trump Directly Targets Northampton and Lehigh Counties. Expect Loss of Federal Funding and Increasing Immigration Enforcement
On May 29, 2025, the U.S. Department of Homeland Security (DHS) released an updated list of sanctuary jurisdictions—states, counties, and cities that, according to DHS, obstruct the enforcement of federal immigration laws. This action follows Executive Order 14287, signed by President Donald J. Trump on April 28, 2025, which mandates the publication of such a list to identify jurisdictions that limit cooperation with federal immigration authorities. Northampton and Lehigh Counties were both listed, lending to concerns of increased immigration enforcement and loss of federal funding.
What Are Sanctuary Jurisdictions?
Sanctuary jurisdictions are localities that have adopted policies limiting cooperation with federal immigration enforcement. These policies may include declining to honor Immigration and Customs Enforcement (ICE) detainer requests, restricting information sharing with federal agencies, or prohibiting local law enforcement from inquiring about an individual’s immigration status. Supporters argue that such policies foster trust between immigrant communities and local law enforcement, encouraging cooperation in reporting crimes. Critics, including DHS, contend that these policies undermine the rule of law and endanger public safety by allowing individuals who may pose threats to remain in communities.
Highlights from the DHS List
The DHS list identifies over 500 jurisdictions across the United States as sanctuary jurisdictions. Some notable inclusions are:
California: The state self-identifies as a sanctuary jurisdiction. Counties such as Alameda, Los Angeles, and Monterey are listed, along with cities like San Francisco and Oakland.
Illinois: The state is designated as a sanctuary jurisdiction, with counties including Cook and DuPage, and cities like Chicago and Evanston.
Maryland: The state is listed, along with counties such as Montgomery and Prince George’s, and cities like Baltimore and Rockville.
New York: New York City and several surrounding counties are identified as sanctuary jurisdictions.
Pennsylvania: Lehigh and Northampton Counties are listed. Philadelphia is included on the list due to its policies limiting cooperation with federal immigration enforcement.
Implications for Listed Jurisdictions
DHS has indicated that jurisdictions on the list will receive formal notifications regarding their non-compliance with federal statutes. The department demands that these jurisdictions review and revise their policies to align with federal immigration laws. Failure to comply may result in consequences such as the withholding of federal funds, although specific penalties have not been detailed.
Legal and Political Context
The designation of sanctuary jurisdictions has been a contentious issue, with debates over the balance between federal authority and local autonomy. Supporters of sanctuary policies argue that they are essential for protecting immigrant communities and maintaining public safety. Opponents, including the current administration, assert that these policies hinder the enforcement of immigration laws and pose risks to national security.
Legal challenges have arisen in response to federal actions against sanctuary jurisdictions. For instance, on April 24, 2025, a federal judge in San Francisco blocked the Trump administration from withholding federal funds from 16 sanctuary cities and counties, ruling that such actions likely imposed unconstitutional funding conditions without Congressional approval.
Conclusion
The DHS’s publication of the sanctuary jurisdictions list marks a significant step in the federal government’s efforts to enforce immigration laws and limit sanctuary policies. The implications for listed jurisdictions, including potential legal and financial consequences, underscore the ongoing debate over immigration enforcement and the role of local governments in shaping related policies.
State Department Pauses New Student and Exchange Visitor Visa Interviews: New Vetting Procedures Expected Soon
On May 27, 2025, Secretary of State Marco Rubio directed all U.S. embassies and consulates to pause scheduling all new visa interview appointments for foreign national students and exchange visitors applying for F, J, and M visas. The secretary of state implemented this pause in anticipation of new imminent guidance related to social media vetting of visa applicants in these categories. It remains unclear how long this pause will be in effect, as well as what additional vetting procedures the secretary may implement. Visa appointments already scheduled in these categories are expected to remain in place.
Quick Hits
On May 27, 2025, Secretary of State Marco Rubio ordered a pause on scheduling new visa interview appointments for foreign national students and exchange visitors applying for F, J, and M visas, in anticipation of new social media vetting procedures.
This move aligns with President Trump’s broader immigration policy focused on enhancing vetting processes and addressing alleged anti-semitic activities.
The duration of the pause and the specifics of the new vetting measures remain unclear, potentially causing significant delays for student visa processing as the new academic year approaches.
Background
Since his inauguration, President Trump has concentrated a significant portion of his immigration policy on enhancing the vetting process for benefit applicants and targeting individuals the administration considers involved in antisemitic activities.
On his first day in office, President Trump signed an executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This order directed relevant federal agencies to enhance the vetting and screening processes for immigration benefit applicants. On January 29, 2025, President Trump issued another executive order titled “Additional Measures to Combat Anti-Semitism,” which broadly instructed federal agencies to take steps to address activities the president considers antisemitic.
In the following months, the U.S. Department of Homeland Security (DHS) and the U.S. Department of State took high-profile actions to implement these orders. These actions included the widespread revocation of Student and Exchange Visitor Information System (SEVIS) records for student visa holders accused of participating in campus protests against the ongoing conflict in Gaza, the arrest and detention of student visa holders accused of alleged anti-semitic activities, and increased screening of social media for alleged anti-semitism. The administration has also focused on specific universities that have resisted complying with its demands related to these issues.
Key Takeaways
This scheduling pause in new student visa appointments appears to be in line with ongoing federal efforts to increase vetting of all visa applicants, with a particular focus on social media activity. Media outlets are indicating that this pause was put in place in preparation for new social media screening requirements anticipated to be announced shortly.
While the length of the pause and the new screening measures remain unknown, this announcement may lead to significant delays in visa processing times for foreign national students. This is particularly true as the summer months progress and incoming international students vie for limited appointments ahead of the new academic year in the fall. Visa applicants can expect increased wait times for visa appointments, even after the current pause is lifted.
H-1B Registration Numbers for FY 2026 H-1B Cap Reveal an Increase in Selection Rate
U.S. Citizenship and Immigration Services (USCIS) has released the selection numbers for the fiscal year (FY) 2026 H-1B cap, revealing a selection rate of approximately 35 percent compared to 29 percent in FY 2025.
Quick Hits
The number of eligible H-1B registrations decreased by 26.9 percent from 470,342 in FY 2025 to 343,981.
The number of unique beneficiaries significantly decreased from 423,038 in FY 2025 to 336,153.
The average registration per beneficiary slightly decreased from 1.06 in FY 2025 to 1.01, indicating an average of one submitted registration per beneficiary.
An increase in the selection rate from approximately 29 percent in FY 2025 to approximately 35 percent.
Fiscal year
Number of unique employers
Number of unique beneficiaries
Selected Registrations
2025
Approximately 52,700
423,028
135,137
2026
Approximately 57,600
336,153
120,141
Source: U.S. Citizenship and Immigration Services
A closer look at USCIS’s recently published FY 2026 H-1B cap registration data shows that USCIS selected 120,141 registrations out of 336,153 eligible registrations for beneficiaries with no other eligible registrations. This resulted in a selection rate of approximately 35 percent.
Since the approximate 24.8 percent selection rate in FY 2024, the selection rate has been trending upward, reaching approximately 29 percent in FY 2025 and approximately 35 percent in FY 2026, reflecting roughly a 5 percent increase each year.
Since its initiation in 2024, USCIS has continued to use the beneficiary-centric system, which aims to ensure integrity in the H-B registration system and reduce fraud by focusing on each unique beneficiary as opposed to each registration. To further ensure fairness, USCIS is reviewing the FY 2025 and FY 2026 data to identify fraud. The agency will deny or revoke petitions where there is a finding of any attempt to gain an unfair advantage and will make referrals to law enforcement for criminal prosecution where appropriate.
Next Steps
For selected registrants, the H-1B petition filing period is from April 1 to June 30, 2025. If USCIS does not receive enough H-1B petitions during the filing period to meet the H-1B annual limit, it may conduct a second lottery. USCIS has not yet announced whether there will be additional selection rounds for FY 2026.
Beltway Buzz, May 30, 2025
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
DOL to Rescind Biden-era ESG Rule. In a status report filed this week with the U.S. Court of Appeals for the Fifth Circuit, the U.S. Department of Labor (DOL) stated that it will no longer defend a legal challenge to the Biden administration’s 2022 ESG (environmental, social, and governance) rule (formally, “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights”). Instead, the administration will pursue notice-and-comment rulemaking to rescind the regulation. The pending rulemaking will be the latest regulatory back-and-forth on this issue, as the DOL in 2020 finalized a regulation that limited the abilities of Employee Retirement Income Security Act (ERISA) plan fiduciaries to consider investment factors that “promote non-pecuniary benefits or objectives.” In turn, the 2022 Biden-era rule instituted an “all things being equal” standard that allows plan fiduciaries to consider such factors as “tiebreakers” in investing decisions. There is no timetable for the proposed rule, but the spring regulatory agenda—expected sometime in June or July of this year—should provide some clues.
USCIS Nominee Wants Restrictions on OPT. Last week, the U.S. Senate Judiciary Committee held a hearing on the nomination of Joseph Edlow to serve as director of U.S. Citizenship and Immigration Services (USCIS). In response to a question from Senator Mike Lee (R-UT) regarding optional practical training (OPT), a program that provides F-1 students with up to three years of work authorization after graduation, Edlow responded with the following:
What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.
The statement clearly provides insight not just into the future of OPT, but also on the types of employment-based immigration policies that USCIS will pursue in the future. The committee has not yet voted on Edlow’s nomination.
Consulates to Pause Student Visa Interviews. According to media reports, the U.S. Department of State has instructed U.S. consulates to refrain from scheduling new interviews for applicants seeking visas to study in the United States in preparation for new social media vetting protocols. The State Department will reportedly be issuing guidance as to what such vetting will entail. The increased scrutiny of foreign students’ social media activities is likely rooted in President Donald Trump’s executive order, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” which instructs the secretary of state, the attorney general, the secretary of homeland security, and the director of national intelligence to ensure “that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible.”
House Committee Examines DEI on College Campuses. The House Committee on Education and the Workforce’s Subcommittee on Higher Education and Workforce Development held a hearing last week entitled “Restoring Excellence: The Case Against DEI.” The hearing primarily focused on fallout from the Supreme Court of the United States’ 2023 ruling prohibiting the use of affirmative action in college admissions, including alleged ongoing discrimination in the college admissions process. Witnesses and lawmakers also examined college accreditation standards and medical school curricula, among other topics. The Dismantle DEI Act, introduced in 2024 by then-senator J.D. Vance, was not discussed.
Republican Lawmakers Seek Input on Transparency Reforms for Union Members. Chair of the House Committee on Education and the Workforce Tim Walberg (R-MI), along with Representative Rick Allen (R-GA), who chairs the Subcommittee on Health, Employment, Labor, and Pensions, sent an open letter to stakeholders soliciting feedback on potential revisions to the Labor-Management Reporting and Disclosure Act (LMRDA) “to inform Congress how it can reform the LMRDA to ensure labor organizations adhere to the highest standards of responsibility and ethical conduct.” The letter is divided into the following issue area categories:
Strengthening Member Governance and Voting Rights (e.g., “Should a union be required to hold a secret ballot vote of membership to ratify a collective bargaining agreement or authorize a strike?” And, “What information should a union be required to share with membership during contract negotiations and before a strike authorization?”)
Fiscal Transparency and Fiduciary Duty (e.g., “How can Congress clarify or strengthen fiduciary responsibilities of union officers?”)
Political Expenditures and Member Consent (e.g., “What reforms would give members more direct control over the portion of their dues used for lobbying, campaign contributions, or ballot-measure advocacy?”)
Digital Disclosure and Data Accessibility
Enforcement, Compliance Assistance, and Whistleblower Protections (e.g., “Do current criminal and civil penalties under the LMRDA adequately deter embezzlement, vote rigging, and false reporting? If not, how should they be updated?” And, “Should Congress establish a private right of action or a more robust whistleblower protection program to assist members with reporting wrongdoing?”)
The letter requests that all stakeholder feedback be submitted by July 22, 2025. The Buzz expects that this information will eventually lead to the introduction of legislation amending the LMRDA.
Labor Secretary Outlines Priorities on Capitol Hill. As part of the fiscal year (FY) 2026 appropriations process, Secretary of Labor Lori Chavez-DeRemer testified last week before the Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies.
RIP, Harrison Tyler. Harrison Ruffin Tyler died on May 25, 2025, at the age of ninety-six. A chemical engineer and historical preservationist, Tyler was, quite amazingly, the grandson of our tenth president, John Tyler, who served as our chief executive from 1841–1845. How could someone who passed away this week have a grandfather born in 1790, just one year after ratification of the U.S. Constitution? Well, it helps that John Tyler fathered more children—fifteen—than any other president. It also helps that one of those children—Lyon Gardiner Tyler—was born to John Tyler’s second wife (Julia Gardiner Tyler) in 1853, when the former president was sixty-three years old. Like his father, Lyon Gardiner also married twice, and his second wife, Sue Ruffin, was thirty-five years his junior. Ruffin gave birth to Harrison Ruffin Tyler in 1928, when Lyon Tyler was seventy-five years old.
Fear Is Not Immigration Policy
In recent months, a wave of anxiety has rippled through immigrant communities across the United States. The fear is not just of deportation — but of being watched, of being targeted, and of being forgotten by a system that once promised due process. As an immigration attorney in Brooklyn, the calls and consultations in my […]
The post Fear Is Not Immigration Policy appeared first on Attorney at Law Magazine.
McDermott+ Check-Up: May 30, 2025
THIS WEEK’S DOSE
Senate Prepares to Take Up Reconciliation Bill. Discussions about the bill’s real-world implications continued during this week’s recess.
HHS Removes COVID-19 Vaccine Recommendations for Healthy Children, Pregnant Women. US Department of Health and Human Services (HHS) Secretary Kennedy announced the change without input from the agency’s independent advisory panel.
CMS Increases Oversight on States Providing Medicaid to Certain Immigrants. The Centers for Medicare & Medicaid Services (CMS) announced that it will take actions to ensure states are not using federal Medicaid funds to cover healthcare for ineligible individuals.
President Trump Signs EO on Science Research. The executive order (EO) seeks to adopt new “gold standard” science principles.
CMS Requests Information From Hospitals on Gender-Affirming Care. The letter seeks data on certain hospitals’ provision of gender-affirming care to minors.
CONGRESS
Senate Prepares to Take Up Reconciliation. When the Senate returns from the Memorial Day recess next week, it starts a busy four-week stretch leading up to the Independence Day recess. During this period, leaders intend to advance the budget reconciliation package, the One Big Beautiful Bill Act, H.R. 1. As Senate Republican leaders consider their intraparty political balancing act (they can only lose three votes for the bill to still advance), expect changes to the House-passed bill, which Speaker Johnson (R-LA) advanced through his chamber by a narrow 215 – 214 margin just before Memorial Day.
In an updated analysis of the estimated revenue effects of H.R.1’s tax provisions, the Joint Tax Committee found that, in total, the bill loses $3.94 trillion in revenue. On the healthcare front, the House Ways and Means Committee’s changes to the Affordable Care Act (ACA) are estimated to save more than $150 billion in revenue. We do not have the Congressional Budget Office’s (CBO’s) final estimate of the coverage loss associated with these policy changes, but its preliminary May 18, 2025, analysis estimated that 2.1 million people would become uninsured as a result of the House Ways and Means Committee’s changes. These policies also interact with ACA policies included by the House Energy and Commerce Committee, so we await the updated CBO analysis to get a more complete picture of the combined impact of the bill’s provisions.
As discussion about the bill’s impact on state budgets continues, 20 Republican governors sent a letter to President Trump in support of the One Big Beautiful Bill Act; notably, the Republican governors of Florida, Nevada, New Hampshire, Ohio, Oklahoma, South Dakota, and Vermont did not sign on.
ADMINISTRATION
HHS Removes COVID-19 Vaccine Recommendations for Healthy Children, Pregnant Women. In a video posted on X, HHS Secretary Kennedy, alongside US Food and Drug Administration (FDA) Commissioner Makary and National Institutes of Health (NIH) Director Bhattacharya, announced that the Centers for Disease Control and Prevention’s (CDC’s) vaccine recommendations will no longer include the COVID-19 vaccine for healthy children and pregnant women. Normally, the Advisory Committee on Immunization Practices (ACIP) provides vaccine recommendations, and the CDC director is responsible for adopting them. Only then do the recommendations become official CDC policy. CDC previously adopted ACIP’s recommendation that all Americans six months and older, including pregnant women, get at least one updated COVID-19 vaccine. Kennedy’s announcement comes before ACIP’s scheduled meeting in June to make recommendations about fall shots, meaning the decision was made without input from the independent advisory panel.
CMS Announces Plans to Increase Oversight on States Providing Medicaid to Certain Immigrants. In a letter to states, CMS Administrator Oz clarified that federal Medicaid funding is only available for limited Medicaid coverage necessary for treatment of an emergency medical condition for individuals who meet all Medicaid eligibility requirements but are not lawful permanent residents. He announced that, in an effort to ensure states do not use federal Medicaid funds to cover healthcare for ineligible individuals, CMS will undertake the following actions:
Focused evaluations of select state Medicaid spending reports (CMS-64 form submissions).
In-depth reviews of select states’ financial management systems.
Assessment of existing eligibility rules and policies to close loopholes and strengthen enforcement.
CMS urges all states to immediately examine and update internal controls, eligibility systems, and cost allocation policies to ensure full compliance with federal law, and reminded states that any improper spending will be subject to recoupment of the federal share. Read the press release here.
President Trump Signs EO on Science Research. The EO, “Restoring Gold Standard Science,” directs:
The Office of Science and Technology Policy (OSTP) to issue guidance to agencies within 30 days for adopting new “gold standard” science principles, including that science is reproducible, transparent, collaborative, and without conflicts of interest.
Federal agencies to update their processes and report to OSTP within 60 days about implementation progress.
Federal agencies to ensure that employees do not engage in scientific misconduct, to publicly report certain data, and to communicate uncertainty within 30 days.
The EO states that the Biden administration politicized science by encouraging agencies to incorporate diversity, equity, and inclusion. The EO reinstates scientific integrity policies from the first Trump administration, encouraging US research organizations to adopt these standards. Read the fact sheet here.
CMS Requests Information From Hospitals on Gender-Affirming Care. A letter to certain hospitals requested information about quality standards adherence and federal funding related to gender-affirming care procedures for minors. This letter follows previous actions from the Trump administration regarding gender-affirming care for minors and reiterates concerns about the long-term risks of such care previously communicated in an executive order, a report reviewing best practices for gender dysphoria treatment, and a quality and safety special alert memo for hospitals. The letter requests certain information within 30 days, including the following, and does not cite the authority for requesting such data:
Information regarding informed consent protocols.
Planned changes to clinical guidelines in response to the gender dysphoria report.
Any adverse events in response to gender-affirming care.
Billing codes used for specified procedures.
Facility- and provider-level revenue, operating margins, and profit margins for each specified procedure.
Projected revenue forecasts for each service line.
A list of hospitals that received the letter has not been released. Read the press release here.
QUICK HITS
HRSA Revises CHGME Resident Count Methodology. The Health Resources and Services Administration (HRSA) finalized a previously proposed change to how Children’s Hospitals Graduate Medical Education (CHGME) full-time equivalent (FTE) residency slots are counted to align with the methodology CMS uses for the Medicare graduate medical education FTE resident cap.
CMS Innovation Center Adjusts KCC Model. The updates to the Kidney Care Choices (KCC) Model adjust financial methodology and participation options beginning in performance year 2026. The center also extended the model through 2027.
House Energy and Commerce Democrats Seek Answers on HHS Staffing Changes. The letter asked HHS Secretary Kennedy to answer questions sent in an April 2025 letter that have still not been answered, and posed additional questions about legal compliance, impacts of staff and grant terminations at FDA and NIH, and other issues. Read the press release here.
BIPARTISAN LEGISLATION SPOTLIGHT
Sens. Rounds (R-SD), Blackburn (R-TN), and Heinrich (D-NM) introduced S. 1399, the Health Tech Investment Act, which would create a Medicare reimbursement pathway for FDA-cleared AI-enabled devices. Read the press release here.
NEXT WEEK’S DIAGNOSIS
Congress will be back in session next week, and the FY 2026 appropriations process will get underway in earnest as the House Appropriations Committee begins its markups (see full schedule here). The committee intends to finish marking up all 12 of its annual spending bills by July 24, 2025, with the Labor-HHS bill scheduled as the final markup. Meanwhile, as noted above, the Senate is turning its attention to reconciliation.We anticipate more details on the president’s FY 2026 budget request may be released to Congress shortly, though reports indicate that the full FY 2026 request may not be unveiled until after the reconciliation package is completed. Congressional Republicans will use the request as they move through the appropriations process. We also expect the Trump administration to send a recissions package to Congress next week that is anticipated to include about $9 billion in clawbacks of already-approved funding for the current fiscal year. The recission process is a formal way for Congress to fast track recommended cuts in spending by the administration. Congress will have 45 days to consider the recission package. Congress can choose to approve it, delete some provisions, or not consider it at all, but Congress does not have the opportunity to add new policies to a recissions package. We wait to see if health policies are included in the package.
Big Law Redefined: Immigration Insights Episode 14 | Transferring Employees to Canada – What Corporate Employers Need to Know [Podcast]
In this episode of the Immigration Insights series on Greenberg Traurig’s Big Law Redefined podcast, host Kate Kalmykov, co-chair of GT’s Global Immigration & Compliance Practice, is joined by Canadian immigration attorney Sergio Karas to discuss the basics and complexities of corporate immigration to Canada.
They address the do’s and don’ts of cross-border work, key visa categories, business visitor vs. work permit rules, and common mistakes companies make.
Kate and Sergio emphasize the need for careful planning, accurate documentation, and understanding the differences between US and Canadian immigration systems.
If your business is involved with Canadian immigration, you won’t want to miss this discussion!
Supreme Court Stays Order That Had Paused Termination of Temporary Protected Status for Venezuelans
On May 19, 2025, the Supreme Court of the United States issued an unsigned order granting the Trump administration’s application to stay a lower court’s order temporarily halting the rescission of Temporary Protected Status (TPS) designation for Venezuela. The Supreme Court’s order allows the administration to resume implementation of rescission actions while court challenges continue through the appeals process.
Quick Hits
The Supreme Court’s stay of a district court order has permitted the Trump administration to resume rescission of the TPS designation for Venezuela, as outlined in Secretary of Homeland Security Kristi Noem’s previous determinations.
Benefits under the 2023 TPS designation for Venezuela may now be subject to revocation, affecting work authorization and protection from removal for Venezuelan TPS beneficiaries; protections under the 2021 TPS designation will remain in place until September 10, 2025.
Although the Supreme Court’s order reinstates the rescission actions, it leaves open the possibility of further legal challenges regarding the validity of immigration documents (i.e., EADs, Forms I-797, Notices of Action, and Forms I-94) issued with October 2, 2026, expiration dates.
Background
The TPS designation provides temporary status to foreign nationals in the United States who are unable to return to their home countries due to an event or circumstance present in those countries. The secretary of homeland security may designate a foreign country for TPS due to temporary conditions such as ongoing armed conflicts, environmental disasters, epidemics, or other extraordinary and temporary conditions that prevent nationals from safely returning to their countries. During the designated TPS period, TPS beneficiaries are protected from removal and may apply for work and travel authorization.
In 2021, Venezuela was initially designated for TPS, and in October 2023, Venezuela was redesignated for TPS—an expansion of the program that provided additional relief for citizens of Venezuela who met qualifying criteria. The 2021 and 2023 designations were most recently extended by the Biden administration for eighteen months, to October 2, 2026.
On January 28, 2025, Secretary of Homeland Security Kristi Noem cancelled the extension of the 2021 and 2023 TPS designations for Venezuela. On February 3, 2025, Secretary Noem terminated the 2023 TPS designation entirely, ending temporary legal protections for beneficiaries under the 2023 designation on April 7, 2025.
On March 31, 2025, Judge Edward Chen of the U.S. District Court for the Northern District of California issued a nationwide order postponing Secretary Noem’s cancellation of the eighteen-month extension for the 2021 and 2023 TPS designations and the termination of the 2023 TPS designation, pending a final decision on the merits in the case. Both the district court and the U.S. Court of Appeals for the Ninth Circuit rejected applications by the Trump administration to stay this temporary order.
Analysis and Impact
The Supreme Court’s order is narrow in scope in that it effectively reverses the lower court’s temporary pause on the rescission of TPS for Venezuela and does not address the merits of the TPS rescission itself.
The U.S. Department of Homeland Security (DHS) may now proceed with its revocation of TPS for Venezuela, as outlined in Secretary Noem’s previous determinations. However, legal challenges to these actions will continue to proceed through the courts and may again reach the Supreme Court to directly decide on the legality of DHS’s actions.
Immediate impacts for TPS Venezuela beneficiaries include the following:
Beneficiaries under the 2023 designation may now be subject to revocation of TPS benefits and removal from the United States.
EADs under the 2023 designation with expiration dates of April 2, 2025, may no longer be valid as proof of work authorization.
Beneficiaries under the 2021 designation continue to have TPS benefits in place through September 10, 2025.
Only EADs under the 2021 designation with expiration dates of September 10, 2025, March 10, 2024, or September 9, 2022, are automatically extended through September 10, 2025.
To the extent that Secretary Noem’s rescission of TPS designation purports to invalidate immigration documents, including EADs, already issued to TPS Venezuela beneficiaries with validity until October 2, 2026, the Supreme Court’s order expressly states that such a purported invalidation remains subject to legal challenge. However, absent further court decisions or DHS policy changes, the prior rescissions of TPS designation for Venezuela are reinstated, and any EADs or other documents with a validity expiration date of October 2, 2026, may no longer be valid.
We expect DHS to provide further clarification as to how it intends to proceed with the implementation of its revocation of TPS for Venezuela, including updated guidance related to I-9 verification.
Why the DOJ’s New Whistleblower Program Remains Relevant
On May 12, 2025, the U.S. Department of Justice (DOJ) issued a memorandum outlining the Criminal Division’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the new Administration. Later that week, Matthew R. Galeotti, head of the DOJ’s Criminal Division, addressed the new policies in a speech at the SIFMA Anti-Money Laundering and Financial Crimes Conference. Galeotti emphasized that the DOJ is “turning a new page on white-collar and corporate enforcement,” with a renewed focus on crimes that pose the greatest risk to U.S. interests. His remarks, coupled with the recent expansion of the DOJ’s Corporate Whistleblower Awards Pilot Program, signal a new era of accountability, transparency, and proactive compliance for portfolio companies operating in high-risk sectors.
Voluntary Self-Disclosure Policy – a Clear Path to Declination
The new policies include revisions to the Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). The revised CEP is designed to provide clearer guidance on the benefits of cooperation and a more predictable resolution process. Notably, companies that voluntarily self-disclose misconduct (in a “reasonably prompt” manner), fully cooperate, remediate appropriately and promptly, and have no aggravating circumstances will now receive a declination — not merely a presumption of a declination as previously offered. Moreover, a declination is still possible for cases with aggravating circumstances as prosecutors will have discretion to weigh the severity of those aggravating circumstances against the company’s cooperation and remediation efforts. Finally, the policy provides additional flexibility for companies that self-disclose in good faith where the government is already aware of the misconduct — such companies may still qualify for significant benefits, such as reduced fines and the avoidance of compliance monitors.
Expansion of the Whistleblower Pilot Program
While incentivizing self-reporting and cooperation, the new policies significantly broadened the scope of the Corporate Whistleblower Awards Pilot Program, announced in August 2024. Originally limited to violations by financial institutions, foreign and domestic corruption (including FCPA violations), and certain health care frauds, the program now covers a wider array of misconduct, including:
procurement and federal program fraud;
trade, tariff, and customs fraud;
violations of federal immigration law;
violations involving sanctions;
material support of foreign terrorist organizations, or those that facilitate cartels and transnational criminal organizations, including money laundering, narcotics, and Controlled Substances Act violations.
This expansion tracks the newly announced enforcement priorities and reflects the DOJ’s recognition that financial crime is often intertwined with broader threats to national security and global stability.
Competing Incentives for Whistleblowers and Companies
The financial incentives for whistleblowers who provide actionable information remain substantial. If a whistleblower provides information that leads to a successful forfeiture exceeding $1,000,000 in net proceeds, the whistleblower can receive up to 30% of the first $100 million in net forfeitures, and up to 5% of amounts between $100 million and $500 million.
At the same time, the incentives for companies to self-report a whistleblower complaint and still be eligible for a declination remain even stronger. Indeed, the Corporate Whistleblower Awards Pilot Program has an exception — if a whistleblower makes both an internal report to a company and a whistleblower submission to the Department, the company will still qualify for a presumption of a declination of charges under the CEP — even if the whistleblower submits to the Department before the company self discloses — provided that the company: (1) self-reports the conduct to the Department within 120 days after receiving the whistleblower’s internal report; and (2) meets the other requirements for voluntary self-disclosure and presumption of a declination under the policy.
What This Means for Companies
The message to corporate America is clear — compliance is a strategic imperative. Therefore, companies must:
Strengthen Internal Controls: Ensure compliance programs are tailored to the company’s risk profile and are actively monitored and updated.
Encourage Internal Reporting: Foster a culture where employees feel empowered to report concerns internally before going to regulators.
Review Investigation Protocols: Update internal investigation and remediation procedures to align with DOJ expectations.
Act Proactively: Voluntary self-disclosure and cooperation can significantly mitigate penalties and reputational damage.
Key Takeaways
The DOJ’s recent moves — both in policy and tone — reflect a maturing enforcement philosophy. Rather than wielding the stick indiscriminately, the Department is offering a clearer path for companies to do the right thing and receive the full benefits of cooperation. But the stakes remain high. With an expanded whistleblower program and a renewed focus on high-impact crimes, the cost of non-compliance has never been greater.
For portfolio companies willing to invest in integrity and transparency, the DOJ’s evolving framework offers not just protection — but opportunity.
Seetha Ramachandran, Nathan Schuur, Robert Sutton, Jonathan M. Weiss, William D. Dalsen, Adam L. Deming, Adam Farbiarz, and Hena M. Vora contributed to this article
Temporary Pause on Foreign Student and Exchange Visitor F, M, and J Visa Interviews
According to an internal State Department cable dated May 27, 2025, all consular interviews for the F, M, and J visa applicants are to be temporarily paused. This is only until new vetting procedures are published in the next several business days.
The cable cites Executive Orders 14161 and 14188, known respectively as Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats and Additional Measures to Combat Anti-Semitism. The goal is to prepare for expanded social media vetting of all student and exchange visitor (FMJ) visa applicants.
The cable states “effective immediately…consular sections should not add any additional student or exchange visitor (F, M, or J) visa appointment capacity until further guidance is issued, which we anticipate in the coming days.”
The cable says that scheduled appointments can proceed under current guidelines, however if this new vetting policy comes into being soon, all of the existing appointments may be subject to additional vetting.
The cable does leave some opportunity for new appointments. It says that if a consular section desires to seek new appointments for FMJ applicants during this period, the consular section must consult with the Visa Office to do so.
US Supreme Court Will Allow Trump Administration to End TPS Program for Venezuelans
On May 19, 2025, the U.S. Supreme Court lifted a district court order that had temporarily postponed the April 7 termination of the 2023 Venezuela Temporary Protected Status (TPS) designation. The ruling allows the Trump administration to end legal protection for roughly 350,000 Venezuelans now living in the United States under a program that had protected them from deportation known as TPS. The U.S. Supreme Court granted the Justice Department’s request to lift a judge’s order that had halted Homeland Security Secretary Kristi Noem’s decision to terminate TPS under the 2023 designation for Venezuela.
The termination of the 2023 designation may open the door for possible deportations soon. The decision appears to state that that the group has effectively lost their status and employment authorization. U.S. Citizenship and Immigration Services may release guidance regarding its implementation of the reinstated termination.
Venezuelans in the United States with TPS are divided into two groups: those who received TPS in 2021 when the Biden administration initially designated Venezuela for TPS, and those who received TPS when the program was extended in 2023. This Supreme Court decision does not affect the approximately 250,000 Venezuelans who were given the protection in 2021.
TPS allows people to live and work in the United States legally if their home countries are deemed unsafe, including wars, natural disasters, or other “extraordinary and temporary” conditions.
Employers should be aware that some workers may lose their work authorization and ability to remain lawfully in the United States with limited notice. Employers should review their workforce for employees relying on Venezuelan TPS. Employers can then review expiration dates and determine if impacted employees have alternative immigration options. At the same time, employers should avoid any premature terminations pending further guidance from the U.S. government. Finally, employers should have a workforce contingency plan.
Employers should refer to the TPS webpage for updates.