Eric Welsh recently appeared in the Law360 article titled “Top 6 Immigration Policies To Track In The Latter Half Of 2026.” In the article, he discusses the ongoing uncertainties that foreign students and foreign workers face for the rest of 2026. Immigration attorneys are preparing for these uncertainties by closely monitoring six key policies: the F-1 Duration of Status Rule, the Prevailing Wage Rule, the Habeas Limits, the I-9 Enforcement, the $100,000 H-1B Fee, and the Adjustment of Status.
Regarding habeas limits, the Trump administration has asked the U.S. Supreme Court to resolve a circuit split over its no-bond policy for immigrants who crossed the border without authorization, no matter how long they’ve been present in the United States. Attorneys expect the executive branch to attempt to further establish the policy before the justices decide whether to grant the petition this fall.
District courts nationwide have seen a growing number of habeas petitions, following the success of noncitizens in securing bond hearings or outright release under prior administrations.
Eric illustrates that the explosion of habeas cases makes the issue ripe for an executive order or regulatory action. “I think there’s kind of a worry among immigration practitioners that that’s going to be the next line of attack to try to limit habeas or keep us out of district court,” he tells Law360.
Additionally, Eric highlights the ambiguity surrounding the adjustment of status following the Trump administration’s May announcement, which mandates that noncitizens currently in the U.S. on nonimmigrant visas apply from abroad to obtain permanent residency. He notes that while a uniform, practical application of the U.S. Citizenship and Immigration Services policy memo has not yet materialized nationwide, he will be monitoring the situation intently over the next six months to see if enforcement shifts.
The agency scaled back on this policy after receiving pushback from the immigration bar, advocacy groups, employers and universities.
“If we do see DHS start to apply this or deny applications on a more regular basis, or if we see them roll out some kind of actual directive to field offices, then I imagine there will be lawsuits challenging the memo as an overreach,” Eric concludes.
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