Immigration Update – July 06, 2026

Headlines:

Supreme Court Upholds Birthright Citizenship – The Supreme Court ruled that children born in the United States to parents unlawfully or temporarily present are automatically citizens at birth under the Fourteenth Amendment’s Citizenship Clause of the U.S. Constitution.

USCIS Extends Work Authorization for Seven TPS Countries Under Court Order – The guidance, which states that work authorization is extended to July 10, 2026, for eligible Temporary Protected Status beneficiaries as outlined in each notice, includes Burma, Ethiopia, Haiti, Somalia, Syria, South Sudan, and Yemen.

DHS Proposes to Implement EB-5 Reform and Integrity Act – The Department of Homeland Security published a proposed rule that would implement the EB–5 Reform and Integrity Act of 2022.

USCIS Opens Asylum Office in Atlanta – The Atlanta Asylum Office, which covers Georgia and Alabama, is expected to move into a permanent location in 2027. Until then, U.S. Citizenship and Immigration Services will use three designated locations for asylum interviews.

Details:

Supreme Court Upholds Birthright Citizenship

On June 30, 2026, the Supreme Court ruled 6-3 in Trump v. Barbara that children born in the United States to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause of the U.S. Constitution. The majority thus struck down President Trump’s executive order declaring that such children do not qualify for citizenship under the Fourteenth Amendment or the Immigration and Nationality Act.

Chief Justice John Roberts, writing for the majority, noted:

When the principal dissent does grapple with the operative legal text—“subject to the jurisdiction” of the United States—it has little to say. It argues only that a person is “subject to the jurisdiction of the government of his domicile.” … But that is not the question. The question is whether a person is “subject to the jurisdiction” of the government of the country in which he is physically present, even if he is only there temporarily. He is (unless he falls under one of the familiar exceptions, such as for ambassadors).

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USCIS Extends Work Authorization for Seven TPS Countries Under Court Order

On July 1, 2026, U.S. Citizenship and Immigration Services (USCIS) posted new guidance on termination of Temporary Protected Status (TPS) and work authorization for certain TPS recipients affected by a court order.

The guidance, which states that work authorization is extended to July 10, 2026, for eligible TPS beneficiaries as outlined in each notice, includes Burma, Ethiopia, Haiti, Somalia, Syria, South Sudan, and Yemen.

USCIS said that when completing the Expiration Date (if any) fields on Form I-9, the employer should input “as per court order” in Section 1 and “July 10, 2026” in Section 2, along with a note in the additional information box.

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DHS Proposes to Implement EB-5 Reform and Integrity Act

On July 2, 2026, the Department of Homeland Security (DHS) published a proposed rule that would implement the EB-5 Reform and Integrity Act of 2022 (RIA), which former President Biden signed on March 15, 2022.

In addition to DHS’s general call for comments, the agency is specifically seeking comments on:

1. Audits and a regional center’s record-keeping requirements;
2. The types of projects that may meet the definition of an infrastructure project;
3. The high unemployment area designation process, including the most appropriate data sources to calculate weighted unemployment average of census tracts and how a regional center should renew the designation of a previously designated high unemployment area;
4. Redeployment of alien investor capital, including the process a regional center should use to document its compliance with the statutory requirements; and
5. The process for registering direct and third-party promoters of a regional center, new commercial enterprise, or job-creating entity.

DHS also invites comments on the economic analysis supporting the rule and the proposed form revisions. Written comments must be submitted by August 31, 2026.

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USCIS Opens Asylum Office in Atlanta

On July 1, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it is opening an asylum office in Atlanta, Georgia. Beginning July 8, 2026, the Atlanta Asylum Office will conduct interviews for affirmative asylum applicants at three locations.

Those filing for asylum and those who have already filed for asylum who are under the jurisdiction of the Atlanta Asylum Office, which covers Georgia and Alabama, will have their interviews scheduled at one of these locations:

• A new, temporary asylum office location in Atlanta;
• The USCIS Atlanta Field Office; or
• The USCIS Montgomery Field Office in Alabama.

The Atlanta Asylum Office is expected to move into a permanent location in 2027. Until then, USCIS will use the above locations for asylum interviews. The interview notice will include information about where to go for the interview.

The announcement includes mailing and physical addresses for the interview locations noted above.

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