Justia Connect Webinars Immigration Law in the Months Ahead: Forecasting Change Through Rules, Bans, Litigation, and Agency Action

CLE

Charles H. Kuck Kuck Baxter LLC

Greg Siskind Siskind Susser, PC

Immigration Law in the Months Ahead Forecasting Change Through Rules, Bans, Litigation, and Agency Action

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Overview AI Webinar Summary

Immigration Law in the Months Ahead: Forecasting Change Through Rules, Bans, Litigation, and Agency Action

This program will examine what U.S. immigration law may look like over the next several months in light of recent executive actions, visa bans and suspensions, proposed regulations, agency policy shifts, and ongoing federal court litigation. The presentation will focus on practical forecasting for immigration lawyers, including how to counsel clients, preserve litigation options, and adjust case strategy in a rapidly changing legal environment.

Topics covered include:

Immigration Law

Agenda:

Immigration Law as a Moving Target: Executive Power, Agency Action, and the Courts

Overview of why immigration practice is especially unstable, including executive actions, proposed rules, agency guidance, litigation stays, visa bans, removal powers, nationwide injunctions, emergency dockets, and judicial review.

Bans, Suspensions, and Visa Issuance Pauses: The New Architecture of Restriction

Review of the 39-country travel ban, the Diversity Visa issuance pause, the H-1B-related restrictions, and the 75-country immigrant visa processing suspension, with emphasis on scope, exceptions, litigation, and client counseling.

Citizenship and Naturalization: Birthright Citizenship, Good Moral Character, and Adjudication Risk

Review of birthright citizenship litigation, naturalization policy and adjudication changes, good moral character scrutiny, denaturalization risks, and how citizenship-related disputes may shape practice over the next year.

Employment-Based Immigration: A More Restrictive and Costly System

Review of expected changes affecting employers and foreign workers, including H-1B selection, new fees, visa backlogs, travel risk, and alternative visa strategies.

Humanitarian Immigration: Processing Holds, EAD Limits, and Status Termination Litigation

Analysis of asylum, parole, TPS, work authorization, vetting, processing holds, and litigation over termination of humanitarian protections.

Family Immigration, Adjustment, and Public Charge: A Return to Discretionary Scrutiny

Discussion of proposed public charge changes, increased vetting, family-based adjustment risks, affidavits of support, and preparation for more discretionary adjudications.

Students, Exchange Visitors, and Universities: The Possible End of Duration of Status

Review of proposed fixed admission periods for F, J, and I nonimmigrants and the likely impact on students, scholars, universities, exchange programs, and compliance systems.

Filing Practice, Fees, Signatures, and USCIS Operations: Compliance Becomes More Expensive

Summary of new filing fees, signature requirements, rejection risks, form-version tracking, and practical steps for reducing procedural errors.

Litigation as a Core Immigration Practice Tool

Closing discussion on how lawyers should use APA claims, mandamus, habeas, class actions, FOIA, and litigation triage in a rapidly changing immigration environment.

Q&A (As Time Permits)

Duration of this webinar: 60 minutes

Originally broadcast: July 7, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Political Impacts on Immigration Policy

The discussion begins with the political implications of the upcoming election on immigration policy, particularly the power of the House and Senate. The speakers highlight the historical reluctance of Democrats to use the power of the purse compared to Republicans. They explain the limitations of the House in passing laws without Senate approval and the president's signature. The Senate's role in appointments is discussed as a significant factor in shaping immigration through judicial and cabinet confirmations.

12:59 Executive Actions and Legal Challenges

Executive actions have become the primary driver of immigration changes, with Congress delegating authority to the executive branch. The Trump administration's use of discretionary powers under sections 212F and 215 is highlighted as a precedent for current executive actions. The speakers emphasize the stress on immigration lawyers due to frequent policy changes and the need for constant monitoring. The Supreme Court's recent decision in Loper Bright introduced a wild card in challenging executive actions.

19:56 Visa Bans and Litigation

Visa bans and suspensions are a daily issue, with the 39-country ban affecting domestic adjudications. The Trump administration's expansion of the ban to 39 countries is critiqued for lacking broad exemptions. Litigation challenging these bans is complex and expensive, with potential for Supreme Court involvement. The speakers note the State Department's illegal denial of visas based on entry bans, highlighting ongoing litigation efforts.

30:50 H-1B Visa Issues

The discussion shifts to H-1B visas, focusing on the controversial $100,000 fee exemption and related litigation. The speakers note the reduction in H-1B applications, together with increasing O-1 visa applications. The H-1B lottery changes, including beneficiary lottery and wage scale weighting, are discussed as controversial yet unchallenged. The State Department's vetting procedures for immigrant visas from 75 countries are critiqued as discriminatory and legally questionable.

49:08 TPS and Adjustment of Status

The speakers discuss the impact of the Supreme Court's decision on TPS, noting the administration's ability to end programs without compliance review. The potential economic impact of ending TPS work permissions is highlighted, particularly in healthcare and elder care sectors. The speakers critique the administration's attempts to restrict adjustment of status, noting potential legal challenges. Despite initial concerns, the adjustment of status process remains largely unchanged.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

Charles H. Kuck Founding Partner
Kuck Baxter LLC

Charles H. (“Chuck”) Kuck is the Founding Partner of Kuck Baxter LLC in Atlanta, Georgia. Chuck served as the National President of the American Immigration Lawyers Association from 2008-2009. He also served as President of the Alliance of Business Immigration Lawyers from 2010-2014 and has been an Adjunct Professor of Law for more than 20 years, currently at Emory Law School. He was named one of the top 5 immigration attorneys in the world by Chambers & Partners again in 2022, the “Best Lawyer-Immigration” in Georgia by Best Lawyers in 2022, and was previously named one of the “100 Most Influential Georgians” by Georgia Trend magazine. Read More ›

Greg Siskind Founding Partner
Siskind Susser, PC

Greg Siskind is a founding partner of Siskind Susser and has been practicing immigration law since 1990. He is also a co-founder of AI software company Visalaw Ventures. He received his bachelor’s degree from Vanderbilt University and his law degree from the University of Chicago. Read More ›

Continuing Legal Education (CLE) Credits

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Alabama CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: July 6, 2031

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2028

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: July 6, 2028

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: July 6, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

Earn Credit Until: July 6, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: July 6, 2028

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2027

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: July 7, 2031

West Virginia CLE

Status: Approved

Format: On-Demand

Credits: 1.20 General

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of General CLE credit in Alabama, one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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