MASSA VIANA LAW | IMMIGRATION UPDATE | August 2026
5 Things You Need to Know This Week
Stay updated with the most important Immigration News and developments that matter most to you — clearly explained, with guidance on what to do next.
1- First Circuit Rules: Detention Without a Bond Hearing Is Illegal. A Victory for Immigrants Held in New England.
On August 13, 2026, the U.S. Court of Appeals for the First Circuit issued a significant ruling in Guerrero Orellana v. Moniz, upholding the finding that ICE’s practice of holding immigrants in detention in New England without providing bond hearings violates their constitutional rights. The ruling affirms that individuals who have been detained without the opportunity to obtain bond must be given a meaningful opportunity to seek release on bond before a neutral decision-maker. The administration cannot simply hold people indefinitely without that process.
At Massa Viana Law, we have been working proactively and aggressively on behalf of detained clients throughout this period. We have filed habeas corpus petitions, sought bond hearings, and secured releases. This ruling strengthens the legal foundation for that work. If someone is being held in detention in New England, the law is now clearly on their side when it comes to demanding a hearing.
If a family member is being held in ICE detention in New England, do not wait. This ruling may support their right to a bond hearing. Call us. Contact our office and tell us what is happening. We are here.
2- USCIS Alert: Updated Interview Rescheduling Procedures for Affirmative Asylum Interviews
USCIS has published an alert announcing updated procedures for rescheduling affirmative asylum interviews. Applicants who need to reschedule must now follow specific steps and meet stricter requirements than were previously in place. Failing to appear for a scheduled interview without following the updated procedures may result in the dismissal of the asylum application or other adverse consequences for the case.
This update matters especially now, given the proposed rule that would allow USCIS to skip affirmative asylum interviews entirely and send cases directly to immigration court. Every procedural step in an asylum case carries more weight than it did before.
What this means for you: If you have a pending affirmative asylum application and need to reschedule your interview, speak with your attorney before taking any action. Do not reschedule, miss, or change anything related to your asylum interview without first receiving proper legal advice. Contact our office.
3- Federal Judge Strikes Down Trump’s Visa Ban for 75 Countries. The Administration Is Expected to Appeal.
On August 21, a federal judge struck down the Trump administration’s visa ban covering nationals of 75 countries, ruling that the policy exceeded the administration’s legal authority and violated statutory and constitutional limits on executive power over immigration. The ruling is a significant legal victory for immigrants, families, and employers who had been affected by the ban, which had blocked visa processing, green card applications, and immigration benefits for nationals of the designated countries.
This ruling builds on the June 5 decision by Judge McConnell in Rhode Island, which we covered in an earlier newsletter, that similarly found the administration’s “Countries of Identified Concern” policies unlawful. The courts have now consistently rejected the administration’s attempts to impose sweeping restrictions on immigration from large groups of countries without proper legal authority. The administration is expected to appeal, and may seek an emergency stay. The ruling is in effect for now, but its durability depends on what happens in the appeals courts in the coming weeks.
What this means for you: If you are a national of one of the 75 countries affected by this ban and have a pending visa application, green card case, or immigration benefit that was stalled, this ruling may allow your case to move forward. However, the administration is expected to appeal. Do not assume the ruling is permanent. Contact our office to understand how this ruling applies to your specific case and what steps to take now.
4- Trump Administration Proposes New $103,000 Fee for H-1B Visas, A Return After Federal Court Struck the Last One Down
On August 24, Reuters and CNN reported that the Trump administration has moved to impose a new $103,000 fee on H-1B worker visa petitions. This is a direct follow-up to the earlier $100,000 fee that U.S. District Judge Leo Sorokin in Boston struck down in June, ruling that the administration had exceeded its authority by imposing what amounted to a tax without congressional authorization. Rather than accept that ruling, the administration is now pursuing the same goal through a new regulatory proposal, this time seeking to anchor the fee in a different legal framework.
The proposed fee would apply to new H-1B petitions and represents a significant cost increase for employers who rely on the H-1B program to hire skilled foreign workers. Universities, hospitals, tech companies, and small businesses that depend on H-1B workers have consistently argued that fees at this level make the program economically unworkable for many employers, particularly those in education and healthcare where salaries are lower and margins are thin. The proposal is subject to a public comment period before it can take effect, and legal challenges are expected.
What this means for you: If you are an employer planning an H-1B filing or a worker whose petition is being sponsored, monitor this proposal closely. It has not yet taken effect and faces legal challenges, but the administration has shown it will pursue this repeatedly. Contact our office to understand how this may affect your specific filing timeline and strategy.
5- The Public Charge Rule Is Changing on September 18. What You Need to Know Before Filing.
On September 18, 2026, the Trump administration’s updated public charge rule takes effect. The government is returning to the framework that was in place before the Biden administration narrowed it, meaning that applicants for green cards and immigrant visas will face a broader analysis of their overall circumstances when USCIS or a consular officer evaluates whether the public charge ground applies to their case.
Although the government is returning to the prior framework, we still do not know exactly how these changes will be implemented in practice. It is likely that immigration officers will conduct a broader review of an applicant’s overall circumstances, including financial resources, employment history, health, and family situation. The USCIS public charge resources page provides additional guidance on how the rule is applied and what factors are considered.
