What Foreign Nationals Need to Know About the IRS–ICE Data-Sharing Deal

On April 7, 2025, The Internal Revenue Service (“IRS”) and U.S. Immigration and Customs Enforcement (“ICE”) reached an agreement to share tax information between the agencies about some foreign nationals without legal status in the US. The terms of the agreement were made public by the publishing of the Memorandum of Understanding (“MOU”) in connection with a case brought by an immigrants’ rights groups challenging the validity of the data sharing between the agencies. Under the agreement, ICE officers may inquire to the IRS for information about foreign nationals who “have been issued final orders of removal or are under criminal investigation.” The agreement is unprecedented and has understandably raised concerns among the foreign national community, especially undocumented individuals or those with pending immigration matters. Below is a summary of what we need to know.

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Trump Administration Barred from using Alien Enemies Act to Deport Migrants Without Due Process

In response to a law suit filed by undocumented Venezuelan migrants, a federal judge, appointed by President Trump during his first term, permanently restrained the Trump administration on May 1, 2025, from invoking the Alien Enemies Act (“AEC”), which is an 18th-century wartime law, as the basis to deport Venezuelan nationals the government classified as gang members from the Southern District of Texas, saying “the White House’s use of the statute was not legal.” As noted by Judge Fernando Rodriguez, Jr., "the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms” thereby precluding the administration from using the AEA and Mr. Trump's proclamation to detain, transfer, or remove Venezuelan national migrants who either live in or are detained in the Southern District.

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Pro-Palestinian University Protestor Released from Federal Custody

Mohsen Mahdawi, a Columbia University Philosophy student who was arrested and detained by US Immigration and Customs Enforcement (“ICE”) agents after attending his naturalization interview in Vermont has been released from federal detention while his immigration case proceeds. He had been under ICE custody since April 14, 2025.

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New DHS Registration Requirement for Foreign Nationals from April 11, 2025

On April 11, 2025, a significant change to US immigration enforcement took effect. The United States Department of Homeland Security (“DHS”), through US Citizenship and Immigration Services (“USCIS”), began implementing a new registration requirement for certain foreign nationals physically present in the United States for 30 days or longer. This change stems from President Trump’s January 2025 Executive Order titled Protecting the American People Against Invasion and is detailed in an Interim Final Rule published in the Federal Register on March 12, 2025. This post explains what the new registration requirement entails, who it affects, and what actions foreign nationals must take to remain in compliance with US immigration law.

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DHS To Monitor Noncitizens’ Social Media for Antisemitism

On April 9, 2025, United States Citizenship and Immigration Services (“USCIS”) announced it will begin to screen  noncitizens’ social media posts for evidence of antisemitic activity and use the content as grounds for denying immigration benefits requests. The policy, which will go in effect immediately, will affect foreign nationals applying for permanent resident status, foreign students, and foreign nationals “affiliated with educational institutions linked to antisemitic activity.” 

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Foreign National Students Facing Visa Revocations

Since April 4, 2025, international students in the United States on valid F-1 student visas have reported receiving notice that their SEVIS (“Student and Exchange Visitor Information System”) records had been terminated and their F-1 visas revoked—effectively leaving them without lawful status. According to The Guardian, students from more than 50 universities shared that their visas were canceled around April 4 with many noting they had never been charged with any criminal offenses. These reports follow a series of alarming developments involving the detention of foreign national students for their participation in pro-Palestine activities and the Department of State’s confirmation that over 300 student visas had been revoked. Secretary of State Marco Rubio cited national interest and students’ criminal records as the basis for these actions.

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USCIS Abandons Third Gender Option

On April 2, 2025, United States Citizenship and Immigration Services (“USCIS”) announced it is updating the USCIS Policy Manual  to recognize only two biological sexes, male and female, for all immigration-related benefits requests and documentation. Under the guidance, “USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.” The decision will impact a variety of key documents that the USCIS issues, including green cards, employment authorization documents, and naturalization certificates.

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DHS Terminates Humanitarian Parole Program for Cuban, Nicaraguan, Haitian, and Venezuelan Nationals

The US Department of Homeland Security (“DHS”) announced the termination of  the humanitarian parole program initiated by the Biden administration in 2023 which allowed approximately 532 thousand migrants escaping political and economic upheaval in Cuban, Haiti, Nicaragua, and Venezuelan to travel and live in the US lawfully under certain conditions. Known as the CHNV Parole Programs (“CHNV”), DHS has terminated the programs as of March 25, 2025, and beneficiaries are set to lose their legal status on April 24, or 30 days after the publication of the notice in the Federal Register.

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Understanding the Risks of International Travel: A Practical Guide for Visitors, Visa Holders, Green Card Holders, and US Citizens

Recent media coverage has sparked concerns about international travelers entering the US, including the possibility of delays or denials at the US border, especially for travelers with ties to certain countries or political issues. While headlines may amplify isolated incidents, it is important to understand what the actual risks are, and are not, for different categories of travelers. The looming threat of a travel ban being instituted for nationals of certain countries by the Trump administration may also impact some foreign nationals, even if they have valid visas, potentially preventing them from re-entering the country should the ban be imposed while they are outside of the US.  In an effort to provide clarity and help travelers make informed decisions before planning a trip abroad, we are providing a brief guide in an effort to minimize concerns and flag any potential areas of concern.

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