MASSA VIANA LAW | IMMIGRATION INSIGHTS | June 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- Next Week: Attorneys Antonio M. Viana and Amanda LaRocca Pedretti Head to AILA’s 2026 Annual Conference in San Diego
Next week, Attorney Antonio M. Viana and Attorney Amanda LaRocca Pedretti will be attending the 2026 AILA Annual Conference on Immigration Law in San Diego, California, June 17–20. The conference brings together thousands of immigration attorneys, law professors, advocates, and practitioners from across the country for training, strategy sessions, and collaboration at one of the most important gatherings in immigration law.
Our attorneys will be there to deepen their expertise, learn from colleagues across the country, and explore strategies for representing clients in the current legal environment. At a moment when immigration law is changing faster than at any point in recent memory, staying current is not optional. It is how we serve our clients well.
2- Federal Court Blocks USCIS Pause on Legal Immigration for Nationals of 39 Countries
On June 5, Judge John McConnell of the U.S. District Court for Rhode Island issued a sweeping 135-page ruling striking down four USCIS policies that had frozen the processing of immigration benefits, including green cards, work permits, naturalization, and asylum decisions, for nationals of 39 countries. Those countries were designated under President Trump’s travel ban and expanded list of “Countries of Identified Concern,” which grew from 19 to 39 countries in December 2025 following a shooting by an Afghan national. USCIS had placed hundreds of thousands of pending applications in limbo with no timeline for resolution, even as applicants lost jobs, had their work authorization expire, and faced removal proceedings.
Judge McConnell found the policies unlawful on multiple independent grounds: USCIS lacked statutory authority to impose an indefinite suspension of benefits; the policies were arbitrary and capricious; and the record showed clear evidence of anti-immigrant animus driving the decision. He wrote that ignoring the administration’s public statements would “require profound naivety on the Court’s part.” The ruling went into effect immediately, requiring USCIS to resume processing all suspended applications. The administration is expected to appeal and may seek an emergency stay from the First Circuit or the Supreme Court.
What this means for you: If you are a national of one of the 39 designated countries with a pending green card, work permit, naturalization, or asylum application that has been stalled, this ruling requires USCIS to resume processing your case.
3- What We Are Seeing at Green Card Interviews This Week: A New Balancing Test Following the May 21 Memorandum
Following the May 21 USCIS memorandum, Massa Viana Law attorneys are reporting that USCIS officers have begun implementing a balancing test at green card interviews happening this week. Some USCIS officers are now requiring applicants to submit a short memo balancing negative factors such as unauthorized work or unlawful presence, against positive equities like family ties, community contributions, and length of residence in the United States.
It is unclear how much delay this will cause to green card processing overall, or how aggressively it will be enforced across different USCIS offices. We are monitoring this closely and will keep you updated as we see more.
Read the memo: USCIS PM-602-0199, Adjustment of Status and Discretion (May 21, 2026) →
4- Federal Judge in Boston Strikes Down Trump’s $100,000 Fee on New H-1B Visas
On June 9, U.S. District Court Judge Leo Sorokin in Boston struck down the Trump administration’s $100,000 fee on new H-1B visa petitions, ruling that the executive branch exceeded its authority and violated the Administrative Procedure Act. The court found that the policy “imposes a tax on H-1B petitions without the requisite delegation by Congress.” The ruling came in a case brought by 20 states, including Massachusetts, which argued the fee was crippling their ability to hire doctors, teachers, and university faculty. Massachusetts Attorney General Andrea Joy Campbell called it “a victory” that “will ensure we can fill critical vacancies and hire world-class faculty and researchers at colleges and universities across the Commonwealth.”
The ruling directly contradicts an earlier federal court decision upholding the fee, and a third lawsuit remains pending in San Francisco. The administration says it will appeal. The $100,000 fee is currently scheduled to expire in September 2026, but with conflicting rulings now in multiple circuits, the legal landscape for H-1B petitioners remains unsettled.
Read more: NPR — Federal judge strikes down Trump’s $100,000 fee on new H-1B visas →
5- Trump Signs $70 Billion ICE Funding Bill Through End of His Term, With No Oversight Requirements
On Tuesday June 9, the House passed a budget reconciliation bill directing roughly $70 billion to the Department of Homeland Security for ICE and Border Patrol. President Trump signed it into law on Wednesday. The measure passed 214 to 212, ending a 115-day standoff over immigration enforcement funding. The bill funds ICE and Border Patrol not just for the current fiscal year, but through the end of fiscal year 2029, covering the remainder of Trump’s term, giving enforcement agencies a funding lifeline that insulates them from congressional pressure for three years.
The legislation allocates $38 billion for ICE enforcement operations, more than three times its usual annual budget, and $22 billion for Border Patrol, plus $5 billion for border technology including artificial intelligence. The bill passed through reconciliation specifically to bypass Democratic opposition, and as a result it includes none of the oversight provisions Democrats had demanded: no requirement for body cameras, no judicial warrant requirements for home entries, no prohibition on masked officers, and no new funding for the DHS Inspector General to oversee detention conditions. Sen. Lisa Murkowski of Alaska was the only Republican to vote against it in the Senate, warning that the multi-year funding structure “reduces Congress’ ability to apply reasonable checks on immigration policy for the remainder of this administration.”
Read more: NPR — ICE is now funded through end of Trump’s term, raising worries about oversight →
