Laken Riley, Venezuelan TPS Revocation, DACA Update, & More
Laken Riley Act and Its Impact on Family Immigration
On January 29, 2025, President Trump signed the Laken Riley Act into law.
The Laken Riley Act places unprecedented power in the hands of state officials, which could lead to disruptions in federal immigration procedures. Families with members from countries that do not cooperate with U.S. repatriation efforts may experience unexpected delays or obstacles in obtaining necessary visas. The Laken Riley Act also applies mandatory immigration detention solely on the basis of an arrest or charge, risking the prolonged detention of people innocent of the charges brought against them. Families and individuals should exercise greater caution than ever before in light of the passage of this law.
TPS Revocation for Venezuelans
The U.S. Department of Homeland Security (DHS) has announced the revocation of Temporary Protected Status (TPS) under the 2023 designation for Venezuelans, affecting over 300,000 individuals currently residing in the United States. It is crucial for Venezuelans to seek legal guidance during this period to understand their next steps.
For those impacted by this revocation, there may still be opportunities to pursue alternative immigration relief, such as asylum, family-based petitions, or adjustment of status, depending on individual circumstances. However, the timeline for these options is limited, and affected individuals should act swiftly to explore their eligibility and file any necessary petitions before their status expires. At Monty & Ramirez LLP, we are committed to helping families navigate these complex immigration challenges and secure their future in the U.S. Contact us today to discuss your options. Click to View USCIS Update.
DACA Update
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision declaring the revised Deferred Action for Childhood Arrivals (DACA) program illegal. While the court did not order an immediate end to the program, it has created uncertainty for DACA recipients. USCIS will continue to accept and process DACA renewal requests and related work permit applications, but new applications will not be processed at this time. Current grants of DACA and Employment Authorization Documents (EADs) remain valid until their expiration, unless individually terminated.
Individuals with DACA should remain aware of renewal deadlines and potential policy changes that could affect their status.
Trump Ends Humanitarian Parole for Migrants from Cuba, Haiti, Nicaragua, and Venezuela
On January 20, 2025, President Trump signed an executive order terminating the humanitarian parole program for migrants from Cuba, Haiti, Nicaragua, and Venezuela. This program, initiated by the Biden administration, allowed over half a million migrants to enter the United States temporarily for urgent humanitarian reasons. The termination of this program affects nearly 30,000 migrants who had been granted temporary stay each month since January 2023. Migrants who were granted humanitarian parole have up to two years from the date they were granted parole to regularize their immigration status. If they do not obtain asylum or another immigration benefit within this period, they must leave the United States or face potential deportation.
The Administration Suspends Humanitarian Protection Programs
On January 28, 2025, U.S. Citizenship and Immigration Services (USCIS) began implementing an executive order to terminate all categorical humanitarian parole programs. Humanitarian parole allows individuals outside the United States to enter temporarily due to urgent humanitarian needs, such as life-threatening medical conditions. These programs have been crucial for people fleeing armed conflict and political upheaval. The suspension affects all sponsored humanitarian parole programs, including Uniting for Ukraine (U4U), family reunification parole, sponsored Afghan parole, and Central American Minors (CAM) re-parole.
General Tips for Undocumented Individuals: Know Your Rights
If you are undocumented, it is important to know your rights and how to handle interactions with law enforcement and immigration authorities. If stopped by local or state police while driving, you have the right to remain silent and do not have to answer questions about your place of birth, immigration status, or how you entered the U.S. If you are driving, you must provide your driver’s license upon request, but you can remain silent about other personal details. Passengers do not have to identify themselves or provide documents.
If you are stopped by ICE while walking, you also have the right to remain silent and do not have to answer questions about your place of birth, immigration status, or how you entered the U.S. In the case of a mass raid, inform ICE officers if you have lived in the U.S. for more than two years, as this could prevent expedited removal. Always have an emergency contact number written down and keep essential items in your vehicle. Store personal documents in a safe place accessible to someone you trust and never carry false documents. See Monty & Ramirez’s Expanded Know Your Rights! Guidance Here.
Birthright Citizenship Executive Order Blocked, But Legal Fight Continues
Trump Administration’s executive order aimed at restricting birthright citizenship has been temporarily blocked, but the issue remains far from settled. The order sought to limit automatic U.S. citizenship to children born in the United States on or after February 19, 2025, only if at least one parent is a U.S. citizen or lawful permanent resident. This would have left children born to parents on temporary visas—such as F-1, H-1B, L-1, and TN—without clear legal status at birth. The order faced immediate legal challenges, and on January 23, 2025, a federal judge in Seattle halted its implementation, calling it “blatantly unconstitutional.”
While this ruling prevents the policy from taking effect for now, the case is expected to be appealed and could ultimately reach the U.S. Supreme Court. Families with non-citizen parents should stay informed, as any changes to birthright citizenship rules could have significant consequences. Monty & Ramirez LLP is closely following this case and will provide updates as the legal process unfolds.
USCIS No Longer Requires COVID-19 Vaccine for Green Card Applicants
Effective January 22, 2025, U.S. Citizenship and Immigration Services (USCIS) will no longer require green card applicants to provide proof of COVID-19 vaccination on Form I-693. This change means USCIS will not issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) related to COVID-19 vaccination documentation, and failure to present proof will not be grounds for denial of an adjustment of status application. This policy shift simplifies the medical examination process for green card applicants by removing the COVID-19 vaccine mandate, which had been in place since 2021.
January 2025 Visa Bulletin – Dates for Filing
| Category | All Chargeability | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 01JAN23 | 15APR22 | C | C |
| EB-2 | 01AUG23 | 01OCT20 | 01JAN13 | 01AUG23 | 01AUG23 |
| EB-3 | 01MAR23 | 15NOV20 | 08JUN13 | 01MAR23 | 01MAR23 |
| Other Workers | 22MAY21 | 01JAN18 | 08JUN13 | 22MAY21 | 22MAY21 |
| EB-4 / Religious | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| EB-5 Unreserved | C | 01OCT16 | 01APR22 | C | C |
| EB-5 Set-Asides | C | C | C | C | C |
February 2025 Visa Bulletin – Final Action Dates
| Category | All Chargeability | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 08NOV22 | 01FEB22 | C | C |
| EB-2 | 01APR23 | 22APR20 | 15OCT12 | 01APR23 | 01APR23 |
| EB-3 | 01DEC22 | 01JUL20 | 15DEC12 | 01DEC22 | 01DEC22 |
| Other Workers | 08DEC20 | 01JAN17 | 15DEC12 | 08DEC20 | 08DEC20 |
| EB-4 / Religious | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| EB-5 Unreserved | C | 15JUL16 | 01JAN22 | C | C |
| EB-5 Set-Asides | C | C | C | C | C |
Need Guidance? Monty & Ramirez LLP Is Here to Help
Whether you’re preparing for the H-1B lottery, filing a TPS application, updating compliance policies, or navigating I-9 audits, our team is here to guide you every step of the way.
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