By Cyrus Mehta, Damira Zhanatova and Kaitlyn Box
On August 13, 2026, the Board of Immigration Appeals issued Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026), a decision that immediately changes how practitioners and noncitizens should evaluate advance-parole
The Insightful Immigration Blog
Commentaries on Immigration Policy, Cases, and Trends
Latest from The Insightful Immigration Blog - Page 2
The 2026 Public Charge Rule: A New Tool to Restrict Legal Immigration
By Cyrus Mehta and Damira Zhanatova*
Starting September 18, 2026, DHS will significantly change how public charge determinations are made. The final rule rescinds the 2022 Biden-era public charge regulations at 8 C.F.R. §§ 212.20-212.23 and revises the public-charge-bond provisions…
Trump’s Latest Attack on Birthright Citizenship Is Still Blatantly Unconstitutional
By Cyrus Mehta
Following defeat in the Supreme Court in Trump v. Barbara on constitutional grounds of a presidential order limiting birthright citizenship, President Trump signed two new executive orders on August 6, 2026, to limit birthright citizenship for those he deems not…
ICE Targets Noncitizens at Domestic Airports Even When They Are Authorized to Remain
By Cyrus D. Mehta and Kaitlyn Box*
In recent weeks, reports have abounded of increased ICE arrests at domestic airports. Arrests occurred at airports in at least 15 different states, which some of the impacted noncitizens traveling only on domestic…
Beyond Loper Bright: Rodriguez v. Ortega and the Fifth Amendment Limit on Mandatory Immigration Detention
By Cyrus D. Mehta and Kaitlyn Box*
In its June 28, 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court abolished the long-standing Chevron doctrine. Under this doctrine, courts were required to defer to the government agency’s…
H-1B for Entrepreneurs: Can You Transfer Your H-1B to Your Own Startup?
By Cyrus Mehta and Damira Zhanatova*
For years, many H-1B professionals treated a layoff as an immigration emergency and entrepreneurship as something they had to postpone. The January 17, 2025 H-1B modernization rule changes that somewhat. It gives H-1B workers…
Trump v. Barbara: How the Supreme Court Dodged a Bullet on Birthright Citizenship
By Cyrus D. Mehta and Kaitlyn Box
The Supreme Court’s decision in Trump v. Barbara did far more than invalidate an overreaching executive order – it prevented a wholesale destabilization of American citizenship that could have echoed backward through generations.…
Mullin v. Doe: Blessing a Race-Neutral Cover for Racial Animus
By Cyrus Mehta
By Cyrus D Mehta and Damira Zhanatova*
The Supreme Court’s decision in Mullin v. Doe is a major setback for TPS holders and a deeply troubling signal about how the Court is willing to treat racialized immigration policy. By allowing…
Blanche v. Lau: The Supreme Court Has Degraded the Rights of Lawful Permanent Residents
By Cyrus D. Mehta and Kaitlyn Box*
On April 23, 2025, the Supreme Court heard oral argument in Blanche v. Lau, a case that confronted the issue of whether the government, in seeking to remove a lawful permanent resident…
From USCIS Approval to Consular Refusal: Is a 214(b) Denial of an O-1 Visa Legally Justified?
By Cyrus Mehta
By Cyrus D. Mehta and Manjeeta Chowdhary *
For many beneficiaries, approval of an O-1 petition by U.S. Citizenship and Immigration Services (“USCIS”) feels like the final hurdle has been cleared. After all, USCIS has already reviewed the petition and…