On Tuesday, August 11th, the Committee on Immigrant and Refugee Rights hosted a virtual Immigration Briefing with our community partners to cover the most recent updates in immigration.
As always, none of the below should be considered legal advice! The federal policy and legal landscape around immigration is changing rapidly, so any of the information below may soon be out of date. If you’re concerned that any of these updates may impact you, we recommend getting an immigration screening from an attorney. Visit illinoisimmigrationinfo.org/legal to get connected with legal support.
Immigration Enforcement Updates
This past month, we have witnessed a ramp-up in immigration enforcement operations in Chicagoland. Tactics have been quieter than they were last fall, but they continue to be violent: deaths during immigration enforcement or while in custody are on the rise.
In response to the increasing deaths, this past month, the Mexican government filed criminal complaints with U.S. state prosecutors, as well as the U.S. Department of Justice, demanding criminal investigations into the deaths of their citizens at the hands of ICE. These deaths include 17 Mexican nationals, including Silverio Villegas-Gonzalez, Lorenzo Salgado Araujo, and others who have died in ICE detention. In addition to submitting criminal complaints, the government of Mexico has begun sending cease-and-desist letters to detention centers for violating penitentiary standards and neglecting the right to medical care for detainees, and formally notified the UN High Commissioner for Human Rights to request that they investigate whether these acts are a violation of international law.
In addition to increasing enforcement, the Trump administration has also been changing its policies to deprive communities of legal immigration status. We’ve seen this the past month in the expiration of TPS benefits for Haitians and Syrians, and the corresponding increase in detentions of Haitians, which has left a record number of people suddenly vulnerable to detention and deportation. They have also further limited eligibility for immigration relief by making policy changes that pull the rug out from under people who historically qualify for visas or other forms of immigration relief. All of these efforts are toward the same end: to create an even larger deportable population.
Federal Policy Updates
Public Charge
One policy change that is limiting eligibility for immigration benefits is the new public charge rule that was just finalized.
Public charge is part of the process when someone applies for a green card—lawful permanent residence—or a visa to enter the United States. During this process, a government officer looks at whether the person is likely to primarily depend on the government for support in the future, as a reason to deny them immigration benefits. In the past, this has been used to deny visas to Jewish people fleeing the Holocaust, people with disabilities, and more.
- The public charge rule applies to:
- Individuals that are applying for a green card through a family-based pathway;
- Individuals with an employment-based green card
- Individuals applying for a visa or admission from abroad,
- Green card holder who leaves the country for more than 6 consecutive months
- The public charge rule DOES NOT apply to:
- U.S. citizens
- Those that already have a green card
- Individuals who are getting their green cards based on: asylum, refugee status, U-Visa, T-Visa, SIJS, etc.
- Those applying for naturalization, DACA renewals, TPS, etc.
For a longer list of exempt statuses see this link, but the bottom line is that thankfully, most immigrants are not subject to the public charge test.
Traditionally, the public charge test considered whether applicants used financial assistance benefits in the past, and only included two types of assistance: cash assistance from the government (such as TANF or SSI) and long-term institutionalization paid for by the government (such as nursing home care paid for by Medicaid). But public charge is not just about benefits––federal law also requires that officials have to consider age, health, income and resources, education, and work history.
However, in the updated 2026 Final Public Charge Rule, the administration has eliminated the provision counting only those two types of benefits, without replacing it with a new list. Because they do not specify, it gives immigration officers leeway to consider a much wider range of benefits, such as SNAP or other forms of Medicaid. It also eliminates the clause that specifies that benefits received by family members will not be considered in the public charge test––which means they will likely start taking into account whether family members have received assistance as a possible reason to deny these immigration benefits.
The new rule takes effect on September 18, 2026, and new guidance will likely be released in the interim.
This recent change to public charge is part of this administration’s ongoing strategy to restrict access to the immigration system, and to cast a chilling effect on those applying for them.
Affirmative Asylum Referrals Without Interview
This past July, USCIS published an affirmative asylum interim final rule that strikes down the right to an affirmative asylum interview. The new rule allows an asylum officer to refer cases to the immigration court to begin deportation proceedings without conducting an interview. USCIS estimates that it may affect roughly a third of the cases currently pending.
The government is claiming that this rule is procedural, to allow them to catch up on the backlog of applications. But it reverses 32 years of the right for asylum seekers to argue the merits of their case, and is a clear pretext for expediting denials and removals of those who are most vulnerable.
USCIS Change in Petition Process
A recent USCIS Policy Alert announced that USCIS will no longer issue Requests for Evidence or Notice of Intent to Deny when immigration petitions do not have all the required initial evidence for the immigration benefit request. Instead, immigration officers will be directed to outright deny petitions they deem incomplete––which then result in Notices to Appear (the first step in the deportation process) being issued.
In other words: if an application is missing any information, those applications will get denied, regardless of your eligibility. And if you get a denial for any immigration benefit/visa, the Department of Homeland Security will initiate deportation proceedings to try to deport you, no matter the reason for the denial.
Immigration Attorneys recommend that you gather as much evidence as you can when you file your initial petition, document everything properly, and don’t assume you can supplement information later at the interview. But even so, immigration attorneys expect USCIS to push the limit on what “evidence” is missing and what evidence is required, leading to denials and expensive appeals.
Immigration Court Updates
There has been a significant increase in absentia removal orders––which happen when someone doesn’t show up for their immigration hearing, and are automatically issued a removal order––in Chicago Immigration Court and across the nation. This is likely a result of people receiving little to no notice of their hearings, and the chaos in court due to the mega-master hearings.
Those who have active immigration cases are encouraged to:
- Regularly check case status
- Monitor case deadlines
- Update address with the immigration court
- Appear to hearings in person
- Keep copies of everything
- Know Your Rights!
- You have the right to know and respond to arguments the government makes against you
- You have the right to fight your case
- You have the right to due process
- You have the right to consult with an attorney/DOJ accredited representative
To learn more, visit NIJC’s Know Your Rights in Immigration Court guide.
City Updates
On Friday, July 17th, the Committee on Immigrant and Refugee Rights hosted a hearing to discuss the items below.
Federal Agent Accountability
In January, Mayor Johnson passed an Executive Order, ICE on Notice, directing the Chicago Police Department to investigate any instances of law-breaking on the part of federal agents. After months of not getting answers as to how these executive orders were being followed––and multiple examples of cases not being investigated––the Committee on Immigrant and Refugee Rights held a hearing to determine how these executive orders are being operationalized and followed.
The morning of the hearing, CPD updated its directive Special Order S06-14-03 to give CPD officers specific guidance on how to investigate these cases. We still have many questions, but there is now the beginning of a process for potential CPD investigations to refer to the State’s Attorney’s Office.
That said: though CPD committed to investigating these cases, one case has already been suspended by CPD, and CPD has not given answers as to why they suspended it. This week, a group of brave Chicagoans banded together to file police reports in response to abuse from federal agents. We will be following these cases closely, to determine whether CPD is indeed following the directive in properly investigating these cases.
If you have witnessed or experienced federal agents committing violence or otherwise breaking the law, you can file a police report. Here’s how:
- Review the Hispanic Lawyers Association of Illinois toolkit to learn best practices for standing, documentation and evidence provision, legal and ethical considerations.
- Do a risk assessment! Kulis Law will give free advice and help you assess: call 312-581-1830
- Review Special Order S06-14-03 (VI. C Reporting Requirements- Reporting Conduct of Members of a Federal Immigration or Other Federal Law-Enforcement Agency) to understand the forms CPD must complete when you bring allegations to them
- File a police report. If you attempt to file a report and a police officer does not do intake or give you police report number, call Kulis Law and notify us: cirr@cityofchicago.org
Street Vendor Enforcement
CPD enforcement of street vendor violations resulted in at least one deportation by the Department of Homeland Security earlier this year. We held a hearing on increased enforcement on street vendors, to determine who is giving direction to CPD to arrest these vendors and send them to criminal court instead of the established practice of merely issuing citations or referring them to the Department of Administrative Hearings. We have yet to get clear answers on these questions, but are continuing to work with departments to get that information. In the meantime, the Committee is currently working on legislation to prevent this outcome, but it remains to be seen whether City Council is willing to pass it.
Parking Meter Deal
Mayor Johnson intends to sell the Chicago Parking Meters to Stonepeak Partners, who own the subsidiary Omni Air International, which contracts with ICE for their inhumane deportation flights. City Council is likely to vote on this on September. We encourage community members to urge their Alders to vote no on this deal! See below or visit bit.ly/m/chirejectsstonepeak to learn more.
Good News!
This month, a federal district judge ordered the Trump administration to pay about $65 million in unpaid fees to nonprofits that provide legal services to unaccompanied children facing deportation. The decision comes after the administration let its contract expire, affecting about 90 nonprofit organizations and more than 24,000 unaccompanied children across the country.
Calls to Action
There are several opportunities this month to make your voice heard by your city and federal representatives, and to support immigrants and refugees in our city!
- Tell your Alder: Chicago shouldn’t pay for ICE’s airline
- Get informed: watch the webinar to educate yourself on the parking meter deal and why it matters
- Share: send outreach toolkit bit.ly/chicagorejectstonepeak to your neighbors
- Contact your Alderperson: coolsticker.xyz/z/dont-sell-our-parking-to-ICE
- Endorse the Protect American Values Act of 2026
- Senator Mazie Hirono and Rep. Judy Chu reintroduced the Protect American Values Act, which prohibits the federal government from implementing the 2026 public charge rule by denying it funding to do so.
- Review and endorse the bill is here: Endorse the Protect American Values Act of 2026
- Ask Your Congressional Reps to Support the American Dream & Promise Act Discharge Petition
- On July 20, 2026, Representative Sylvia García (D-TX-29) filed a discharge petition that aims to force consideration of the American Dream and Promise Act (H.R. 1589).
- This bill was introduced by Rep. García on February 26, 2025 and combines two initiatives that create a pathway to regularization for Dreamers and DACA, TPS, and DED beneficiaries.
- Find and contact your Member of Congress here!
- Stop additional funding for mass detention and deportation
- Right now, Congress is considering allocating an additional $30 billion for ICE and Border Patrol through the regular fiscal year funding process.
- Tell your Congressperson: Not One More Dollar for ICE and Border Patrol
- Volunteer for Court Accompaniment
- ICE has been active outside courthouses, in defiance of Illinois State law. If you’d like to volunteer to accompany individuals and families to their court appearances, submit a volunteer interest form with the Sanctuary Working Group.
For more on how you can support immigrants and refugees in our communities, visit the CIRR Protecting Immigrant Rights page and Illinois Immigration Info to find out how you can get more involved.
The next immigration briefing will be on Tuesday, September 8th at 1pm! Register at bit.ly/CIRRBriefing.