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Immigration

Every story on LexCircuit filed under immigration: court orders, regulation, ethics opinions, litigation and research, each summarized across its sources.

28 stories

5TH CIR.Court order

En banc Fifth Circuit rules detained unadmitted immigrants have no right to bond hearings

The full U.S. Court of Appeals for the Fifth Circuit ruled 10-7 on October 23, 2026 that immigrants who entered the country without being admitted have no constitutional right to a bond hearing while detained during deportation proceedings, even if they are long-term residents. The decision in Sosnava Rodriguez v. Vergara reverses habeas rulings that freed three Texas men and backs the administration's no-bond detention policy in Texas, Louisiana and Mississippi.

Order (U.S. Court of Appeals for the Fifth Circuit) → · The Texas Tribune
D. MINN.Litigation

Justice Department moves to disqualify two Minnesota federal judges from immigration cases

Associate Attorney General Stanley Woodward has moved to disqualify Judges Patrick Schiltz and John Tunheim of the U.S. District Court for the District of Minnesota from two immigration cases, questioning their impartiality over comments in a New York Times article last month. Both judges had raised concerns about the Trump administration's handling of cases tied to this year's immigration crackdown in Minnesota.

Filing (ABA Journal) → · MPR News
U.S.Litigation

Cities ask Supreme Court to pause Texas-DOJ judgment wiping out immigration administrative closure

Baltimore, New Haven, Columbus and Centro Legal de la Raza have asked the Supreme Court to stay a consent judgment between Texas and the Justice Department that threw out a 2024 EOIR administrative-closure rule, SCOTUSblog reported on October 15, 2026. The application, docketed as 26A500 on October 15, calls the judgment collusive and says it bypassed notice-and-comment rescission. Justice Alito called for a response by October 22.

Filing (SCOTUSblog) → · Supreme Court of the United States
U.S. FEDRegulation

EOIR establishes Privacy Act records system for immigration fraud and unauthorized-practice complaints

The Executive Office for Immigration Review on October 15, 2026 published a Privacy Act system of records notice for JUSTICE/EOIR-006, covering Fraud and Abuse Prevention Program records on suspected immigration fraud, abuse and unauthorized practice of immigration law. A companion proposed rule would exempt the system from certain Privacy Act access provisions. Comments on routine uses are due by November 16, 2026.

Text (Federal Register) →
CAL.Litigation

California sues ICE to end civil immigration arrests at state courthouses

California Attorney General Rob Bonta sued U.S. Immigration and Customs Enforcement on October 15, 2026, in the U.S. District Court for the Central District of California to stop civil immigration arrests at state courthouses. The suit, which Bonta's office called the state's 100th against the administration, says arrests continued after a federal court vacated ICE's courthouse enforcement directive in June 2026, deterring victims, witnesses and defendants from appearing in court.

Filing (California Department of Justice) → · Bloomberg Law
U.S. FEDRegulation

Federal government finalizes immigration civil penalty procedures, adds mail-delay appeal exception

The Departments of Homeland Security and Justice published a final rule on October 14, 2026, finalizing the June 2025 interim procedures for imposing civil penalties for failure to depart, failure to comply with voluntary departure, and improper entry. The rule makes one change, permitting acceptance of late appeals where documented mail delays beyond the alien’s control caused the delay. It takes effect October 14, 2026.

Text (Federal Register) → · Public Justice

Rulings this week

All court orders

E.D. VA.Court order

Federal judge rejects Justice Department challenge to Virginia in-state tuition laws for noncitizen students

A federal judge in the Eastern District of Virginia on October 5, 2026, dismissed the Trump administration's lawsuit challenging two Virginia laws that it said improperly gave in-state tuition rates to noncitizen students. Judge Robert E. Payne granted Virginia's motion for summary judgment and denied the federal government's, holding that neither the Domicile Pathway nor the Tuition Equity Pathway is preempted by federal law.

Order (Bloomberg Law) → · Courthouse News Service
CAL.Roundup

State and local law roundup, week ending October 2, 2026: 23 developments

Twenty-three state and local measures dated September 25 to 29, 2026. California enacted laws on prescribed fire, children's meals, added-sugar menu warnings, diaper ingredients, disposable vapes, supplement sales to minors and disability-form fees. North Dakota, Texas, Arkansas and Georgia issued fuel emergency orders. New Jersey and New York signed school, reentry, Rutgers and climate bills, Massachusetts set emergency adult foster care rates, and San Jose paused detention-facility applications.

Entries (California Legislative Information) → · North Dakota Office of the Governor, City of San Jose, Office of the City Clerk (Legistar), Office of the Texas Governor +6
D. DEL.Litigation

DOJ sues University of Delaware over in-state tuition for undocumented students

The Justice Department sued the University of Delaware and its Board of Trustees in federal court in Delaware on October 1 over a residency policy that gives in-state tuition to students without lawful immigration status. The complaint alleges Section VII of the policy violates 8 U.S.C. 1623 by denying the same rates to U.S. citizens from other states, and 8 U.S.C. 1621(d) because no state law authorizes the benefit.

Filing (U.S. District Court for the District of Delaware) → · U.S. Department of Justice, Inside Higher Ed, Border Report
CAL.Regulation

California requires a state prosecutor to investigate immigration-officer shootings that kill unarmed civilians

Governor Gavin Newsom signed AB 1806 on September 29, 2026. New Government Code section 12525.4 requires a state prosecutor, the Attorney General unless another is named, to conduct an independent investigation of any shooting by an immigration enforcement officer that kills an unarmed civilian, and to prepare a written report with a statement of facts and a detailed analysis and conclusion on each investigatory issue.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California bars use of state-owned property for immigration-enforcement staging or detention

Governor Gavin Newsom signed AB 1807 on September 29, 2026. New Government Code sections 7284.25 and 7284.26 bar the use of state-owned property, including garages, parking lots, state parks and vacant lots, for immigration enforcement, such as staging vehicles or personnel and processing, interviewing, detaining or taking custody of people. Property under an existing state lease and specified Corrections and Caltrans uses are exempt.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California requires police to inform crime victims of immigration-relief rights by 2028

Governor Gavin Newsom signed AB 1994, the Defending Immigrant Victims Act, on September 29, 2026. It adds Penal Code section 679.028, requiring law enforcement and prosecutors to inform crime victims — or their next of kin, parents, or guardians — of immigration-relief rights by January 1, 2028. The Attorney General must design an 'Immigrant Victims Rights and Resources' card covering U and T visas, VAWA relief, the cooperation requirement, and legal-services resources.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California extends immigration-retaliation ban to rights under federal and local employment law

Governor Gavin Newsom signed AB 2495, by Assemblymember Ash Kalra (D-San Jose), on September 29, 2026 (Chapter 748, Statutes of 2026), amending Labor Code section 1019. From January 1, 2027, employers and others may not use unfair immigration-related practices to retaliate against anyone for exercising rights under any local, state or federal employment statute or regulation. Violators face civil penalties of up to $10,000 per employee for each violation.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California bars cities and counties from approving new private detention facilities

Governor Gavin Newsom signed SB 1367 on September 29, 2026. Government Code section 65850.05 prohibits cities and counties from approving a new land use that authorizes construction of a detention facility, or a change of use that lets an existing building serve as one. A detention facility is any structure a private entity operates for a governmental entity to hold people for criminal, civil or administrative purposes. The ban applies to charter cities.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California denies charitable property-tax exemption to detention facilities

Governor Gavin Newsom signed SB 420 on September 29, 2026. It adds Revenue and Taxation Code section 214.12, providing that property operated as a detention facility is not exempt from property tax as religious, hospital, scientific, or charitable property for purposes of the welfare exemption. The bill is declaratory of existing law.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California opens detention-facility incident reports to public-records disclosure

Governor Gavin Newsom signed SB 423 on September 29, 2026. It adds Government Code section 7923.606 to the California Public Records Act, providing that recordings and written communications to state or local agencies reporting incidents at private detention facilities — and related law-enforcement records — are not confidential and must be disclosed on request, with limited redactions. The provision does not apply to the Attorney General, the Department of Justice, or the Department of Consumer Affairs.

Enrolled text (California Legislative Information) → · Office of the Governor
CAL.Regulation

California bars civil arrests at courthouses and within 1,000 feet of them

Governor Gavin Newsom signed SB 873 on September 29, 2026. Civil Code section 43.54 bars civil arrests at a courthouse, including public ways within 1,000 feet, and of people traveling to or from one for lawful activity; arrests under a valid judicial warrant are exempt. Violators are liable for false imprisonment or false arrest, with actual damages plus $10,000 in statutory damages. Court security must ask entering officers for identification, purpose and a judicial warrant.

Enrolled text (California Legislative Information) → · Office of the Governor
U.S. FEDRegulation

USCIS finalizes EB-5 fee rule more than doubling investor petition charges

USCIS published a final rule on Sept. 30 that resets EB-5 Immigrant Investor Program fees for filings postmarked on or after Nov. 30. The Form I-526 standalone investor petition fee becomes $7,615 and the initial Form I-526E regional-center petition $7,850, each with a $75 technology fee. The rule creates Form I-527 for certain legacy investors at $10,330 and codifies provisions of the EB-5 Reform and Integrity Act of 2022.

Text (Federal Register) → · USCIS, Erickson Immigration Group, The Hindu BusinessLine
D. COLO.Litigation

Colorado sues Department of Homeland Security over $500M Hudson immigrant detention facility contract

Colorado Attorney General Phil Weiser filed a federal lawsuit against the Department of Homeland Security challenging a five-year contract exceeding $500 million with The GEO Group to operate a 1,200-bed immigration detention center in Hudson. The complaint alleges federal officials violated the National Environmental Policy Act, the Administrative Procedure Act and the Immigration and Nationality Act by awarding the contract without the required environmental review.

Filing (U.S. District Court for the District of Colorado) → · Colorado Attorney General, Courthouse News Service, The Denver Post
UKLitigation

First-tier Tribunal overturns IAA cancellation of Liverpool immigration firm YV Enterprise

The UK First-tier Tribunal held that administrative failings at Liverpool immigration advice firm YV Enterprise did not justify the Immigration Advice Authority’s cancellation of its registration, Legal Futures reported on September 23, 2026. The tribunal found serious record-keeping and client-care deficiencies but rejected findings of dishonesty, fabrication, or instructing clients to conceal the firm from the Home Office, and said cancellation would be disproportionate. The decision is [2026] UKFTT 1305 (GRC), dated September 14.

Filing (First-tier Tribunal (General Regulatory Chamber)) → · Legal Futures
UKCourt order

SDT strikes off foreign lawyer over immigration conviction and AI citations

The Solicitors Disciplinary Tribunal struck Abhishek Kumar off the register of foreign lawyers after proving a 2024 conviction for knowingly employing a person disqualified by immigration status and, separately, AI-generated misleading citations in his defense to the SRA. The judgment is dated August 25, 2026; Law360 reported the ruling on September 3, 2026 as the tribunal's first AI-citation case. Dishonesty was not alleged; the tribunal said either allegation alone would have led to strike-off.

Opinion (Solicitors Disciplinary Tribunal) → · Law360 UK, Legal Futures, ComplexDiscovery +1