Justice Department Proposes Privacy Act Exemptions for Immigration Fraud Records

What changed

The U.S. Department of Homeland Security (DHS) has initiated a proposed rulemaking to introduce substantial new fees for Optional Practical Training (OPT) for F-1 nonimmigrant students. This measure, announced on 8 October 2026, aims to enhance the integrity of the immigration system by deterring fraud and protecting the interests of U.S. workers. Under the proposal, an initial OPT application would incur a fee of $70,000, while any subsequent OPT would cost $30,000. Stakeholders have until 9 November 2026 to submit comments on these proposed changes.

What changed

The Department of Homeland Security (DHS) has implemented an interim final rule, effective from 14 October 2026, to expedite the termination of refugee status for individuals deemed ineligible at the point of their admission to the United States. This regulatory amendment significantly shortens the period for responding to a Notice of Intent to Terminate (NOIT) from 30 days to ten days. The change applies across the United States and is intended to bolster the integrity of the immigration system and address concerns related to national security and public safety. Consequently, individuals facing a NOIT will have a dramatically reduced timeframe to present their case.

What changed

The U.S. Departments of Homeland Security and Justice have finalised a rule to simplify how civil penalties are worked out under the Immigration and Nationality Act for certain immigration violations. This rule started on 14 October 2026. It builds on a temporary rule that began on 27 June 2025. It mainly affects people who do not leave after they were given a voluntary departure period, those who deliberately do not leave after a final order to remove them, or people caught trying to enter the country unlawfully. A key change now allows a late appeal to be accepted if there are documented mail delivery delays that ICE determines were beyond the individual's control. This measure aims to make sure immigration orders are followed and to improve border security.

What changed

The U.S. Department of Homeland Security (DHS) has now finalised its rule to end the automatic extension of Employment Authorisation Documents (EADs) for specific groups of people who are not U.S. citizens, known as 'non-citizens', even if they have applied to renew their documents on time. This final rule, which takes effect on 14 October 2026, confirms changes first made in an interim rule published on 30 October 2025. The main aim is to improve the integrity of the benefits process and ensure that non-citizens are thoroughly vetted and screened before they are allowed to work for a new period or are given new EADs.