On January 29, 2025, President Trump signed the Laken Riley Act into law, which mandates the federal detention of certain non-U.S. nationals who are arrested for, charged with, convicted of, or otherwise admit to committing: burglary; theft; larceny; shoplifting; assault of a law enforcement officer; or any crime that causes death or serious bodily injury.

The law applies to individuals who are not U.S. nationals who:

  • Entered the United States without proper inspection;
  • Are present in the United States based on fraud, misrepresentation, or falsely claiming U.S. citizenship; or
  • Are present in the United States without valid entry or parole documentation.

The new law expands those subject to mandatory federal detention of the above populations of individuals to include lower-level offenses (e.g., shoplifting) as defined by state or local law.

The new law also provides state attorneys general with causes of action to sue the federal government as related to decisions or alleged failures of the federal government related to the above, as well as other policies governing immigration enforcement, including alleged improper provision of parole or other immigration benefits. 

Continue Reading President Trump Signs the Laken Riley Act
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Multiple US federal district court judges (including in the states of Maryland and Washington on February 5 and 6, respectively) have issued nationwide injunctions pausing the implementation of the recent executive order focused on the interpretation of “birthright” citizenship, which President Donald Trump signed at the beginning of his second term. The executive order, Protecting the Meaning and Value of American Citizenship, proclaims that children born in the United States to certain noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to US citizenship at birth. Nationwide Injunction to Birthright Citizenship Executive Order | Insights | Mayer Brown

United States Capitol Building
United States Capitol Building

The H-1B cap registration period for FY2026 will be held from March 7, 2025, until March 24, 2025, according to an announcement from U.S. Citizenship & Immigration Services.

During this period, U.S. employers may nominate current or prospective employees they wish to sponsor for H-1B status. After the registration period, USCIS will conduct an electronic lottery to select up to 85,000 registrations, and employers will then be able to submit an H-1B petition on behalf of each selected registrant. In advance of March 7, employers should consider which current or prospective employees might benefit from H-1B status. The next registration period is expected to be held in March 2026.

Continue Reading USCIS Announces Dates for H-1B Cap Registration

President Trump’s first week in office provided a clear roadmap of his policy priorities and the beginning of a significant overhaul of immigration policies. His “Protecting the American People Against Invasion” executive order sheds light on the direction the Administration will take in immigration enforcement. For employers, the order may impact the type of work authorization held by certain employee populations, including the ongoing availability of those work options.

This Legal Update provides highlights from the order and notes what it means for employers. Humanitarian Protections and Work Permits Narrowed in Trump Executive Order| Insights| Mayer Brown

Effective January 11, 2025, Italy now requires the collection of biometric data, including fingerprints, from applicants for Schengen visitor (type C) and national entry (type D) visas. Biometrics will be collected during in-person visa appointments at Italian embassies and consulates. Implementation of the fingerprinting requirement comes as part of a broader immigration overhaul under Italy’s Decree Law 145/2024, which aims to modernize the country’s work visa procedures.

Continue Reading Italy Updates Biometric Requirements for Visa Applications

Update: As of May 2, 2025, the U.S. Department of Homeland Security, in consultation with the U.S. Department of State, rescinded Romania’s Visa Waiver Program (VWP) designation.

On January 10, 2025, the Department of Homeland Security (DHS) announced the addition of Romania to the U.S. Visa Waiver Program. Under the Visa Waiver Program, qualifying foreign nationals may travel to the United States as tourists and business visitors for up to 90 days without first obtaining a visitor visa from a U.S. embassy or consulate. Travelers are still required to apply for and receive advance permission for travel through the Electronic System for Travel Authorization (ESTA). The addition of Romania follows prior expansions of the U.S. Visa Waiver Program, with the additions of Qatar, Croatia, and Israel since 2021.

DHS expects ESTA’s online and mobile applications to open to Romanian citizens on or around March 31, 2025.

Continue Reading Romania Added to U.S. Visa Waiver Program

As of January, 1, 2025, Israel will require travelers to provide either a valid visa or “Marom ETA-IL” (Electronic Travel Authorization) approval to enter the country. ETA-IL applications may be submitted at any time prior to travel to Israel. However, the Israeli government recommends that travelers submit their applications at least 72 hours prior to booking flights, hotels, and/or similar expenses related to their travel.

Travelers applying for the ET-IL authorization will receive a reply within 24-72 hours, and if their application is approved, will be allowed to enter Israel for business visits and tourism for up to ninety (90) days at a time. The ETA-IL will remain valid for multiple entries over a two-year period or until the traveler’s passport expires, whichever is sooner. This announcement was previously made in 2024, but was postponed to give travelers the proper time to prepare for this new requirement. Israel’s introduction of the ETA-IL system comes as the European Union seeks to implement its own electronic travel authorization scheme for visa exempt nationals, which is expected to launch in 2025.

Continue Reading Israel Launches Electronic Travel Authorization System – Marom ETA-IL

The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H 1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on January 17, 2025. The timing of the rule is notable, coming at the end of the Biden Administration and implemented days prior to the inauguration of President-elect Trump. The rule is intended to update and streamline the H 1B regulatory framework to align with contemporary workforce needs. Changes are grouped into three categories: (1) Modernization and Efficiencies; (2) Benefits and Flexibilities; and (3) Program Integrity. 

A revised Form I-129 (Petition for Nonimmigrant Worker)—a form required for H-1B filings—also will be issued on January 17, 2025. 

This Legal Update provides background and summarizes the changes impacting H-1B category: H-1B Modernization: Biden’s Final Move, Trump’s First Challenge? | Insights | Mayer Brown.

Europe Justice

On December 12, 2024, the European Council announced that European Union (EU) member states have agreed to abolish checks on persons at the internal land borders with and between Bulgaria and Romania starting January 1, 2025. This decision will eliminate the reported, long border control queues at the thirty (30) land borders shared by the two countries. This should enable Bulgarian and Romanian citizens to save time by allowing free travel between the countries via internal land borders as well as spur economic growth in these two countries as the transportation of goods will no longer be hindered by lengthy border queues. This decision represents the long-awaited, full joining of Bulgaria and Romania to Europe’s Schengen area in the new year.

Continue Reading Bulgaria and Romania to Fully Join Schengen Area in New Year