Denaturalization, Green Cards, Detention & Asylum Fees

Martha Arias — Sat, 20 Jun 2026 00:03:31 +0000

New Immigration Enforcement Changes in 2026: What Families, Green Card Applicants, Asylum Seekers, and Naturalized Citizens Should Know

Important Immigration Updates Are Affecting Many Families

Immigration law continues to change quickly, and several recent federal developments are now drawing serious attention from immigrant families, green card applicants, asylum seekers, and naturalized U.S. citizens.

The U.S. Department of Justice has increased its focus on denaturalization cases. USCIS has issued a policy memorandum emphasizing that adjustment of status is discretionary and may be granted only in extraordinary circumstances. DHS and ICE have also announced expanded detention capacity and enforcement resources. At the same time, asylum applicants may now face new fee requirements, including an annual asylum fee for certain pending cases.

These changes do not mean that every person with an immigration case is in danger. They also do not mean that every naturalized citizen, green card applicant, or asylum seeker will be affected in the same way.

But they do mean that people should be more careful, more informed, and more organized when dealing with immigration matters.

In this article, I want to explain these developments in plain language and offer practical tips for families who may be concerned.

1. The Federal Government Is Increasing Denaturalization Enforcement

Denaturalization is the legal process where the government asks a federal court to revoke a person’s U.S. citizenship after naturalization.

This is a very serious process. Citizenship is not taken away automatically. The government must bring a case, and the case must go through the legal system.

Recent Department of Justice announcements show that denaturalization has become a stronger enforcement priority in certain cases. DOJ has recently filed denaturalization actions against naturalized citizens accused of serious offenses, including terrorism-related concerns, war crimes, sexual offenses, fraud, drug-related offenses, and other serious allegations.

The Department of Justice has also issued internal guidance directing its Civil Division to prioritize denaturalization proceedings in cases permitted by law and supported by evidence. The stated priorities include national security concerns, terrorism, espionage, war crimes, human rights violations, gang activity, serious undisclosed felonies, human trafficking, sex offenses, violent crimes, financial fraud, and cases involving alleged fraud or material misrepresentation in the naturalization process.

It is important to be precise: filing a denaturalization action does not mean the person has already lost citizenship. The government must prove its case.

What Naturalized Citizens Should Understand

Naturalized U.S. citizens should be aware that the government may review whether citizenship was lawfully obtained. Cases that may raise concern often involve:

Alleged fraud or misrepresentation during the immigration or naturalization process
Concealment of material facts
Failure to disclose certain criminal history
Use of false identity documents
Concealment of prior immigration violations
Serious criminal convictions
National security or terrorism-related allegations
War crimes, human rights violations, or related accusations

For most naturalized citizens who were truthful and eligible when they became citizens, this development should not create immediate fear.

But for anyone who had a complicated immigration history, prior arrests, name changes, old removal issues, or concerns about what was disclosed in past applications, it may be wise to speak with an immigration attorney before responding to any government inquiry.

2. USCIS Is Taking a Stricter View of Adjustment of Status

USCIS has issued a policy memorandum stating that adjustment of status is a matter of discretion and administrative grace. Adjustment of status is the process that allows certain eligible people already in the United States to apply for lawful permanent residence without leaving the country for consular processing.

This new policy does not mean that all adjustment of status applications are automatically denied. It also does not mean that every green card applicant must leave the United States.

However, it does show that USCIS officers are being directed to look more carefully at whether adjustment should be granted as a favorable exercise of discretion.

That is an important shift.

Even when a person appears eligible for a green card, USCIS may examine the full record, including immigration history, prior entries, unauthorized employment, overstays, criminal history, fraud concerns, public safety concerns, national security concerns, and other discretionary factors.

Why This Matters

For many families, adjustment of status has been the preferred path because it may allow the applicant to remain in the United States while the green card case is pending.

If USCIS takes a stricter view, some applicants may face more questions, more requests for evidence, longer review, or a greater risk that USCIS may determine adjustment is not appropriate in that person’s case.

For some applicants, consular processing abroad may become part of the discussion. Consular processing can carry risks, especially for people who may have unlawful presence, prior immigration violations, prior removals, misrepresentation issues, or possible waiver needs.

Before filing an adjustment of status application, applicants should understand not only whether they are technically eligible, but whether there are any facts that may cause USCIS to exercise discretion against them.

3. ICE Detention Capacity and Enforcement Resources Are Expanding

The Department of Homeland Security has publicly discussed expanded detention capacity and increased enforcement resources. DHS has stated that recent funding provides ICE with enough detention capacity to maintain a much larger average daily detained population and adds new detention beds.

ICE detention remains one of the most serious areas of immigration enforcement because detention can affect people with pending immigration court cases, prior removal orders, criminal history, recent arrests, or other enforcement priorities.

Detention can also create urgent challenges for families because once a person is detained, the case may move quickly, communication becomes harder, and important documents may be difficult to gather.

Who May Be at Higher Risk?

The facts of each case matter, but people may face a higher risk of detention if they have:

A prior order of removal
Missed immigration court hearings
Certain criminal arrests or convictions
Recent encounters with immigration enforcement
Pending removal proceedings
Prior deportation or unlawful reentry issues
Problems with immigration supervision or check-ins
Outstanding warrants or unresolved criminal matters

Not every person with a pending immigration case is at the same level of risk. However, families should be prepared. It is better to organize documents before an emergency happens.

4. New Asylum Fees May Affect Pending Cases

Another important development involves asylum fees.

Official government fee pages now list asylum-related fees, including a $100 initial Form I-589 fee and a $102 Annual Asylum Fee for certain pending asylum applications. The annual fee applies to certain cases that have been pending for one year or more, and the rules may depend on whether the case is pending with USCIS or before EOIR in immigration court.

For immigration court cases, EOIR states that the Immigration Judge or the Board of Immigration Appeals will provide a written order regarding payment of the Annual Asylum Fee.

For USCIS asylum cases, USCIS has stated that applicants must timely pay the Annual Asylum Fee after notification and that USCIS may reject a pending Form I-589 asylum application if the fee is not timely paid.

This is especially important because many asylum cases remain pending for long periods of time. Applicants should not ignore official notices about payment, deadlines, or fee instructions. Missing a required payment may create serious problems for a pending case.

What Asylum Applicants Should Do

Asylum applicants should carefully monitor:

Mail from USCIS
Mail from the immigration court
Online USCIS account notices, if applicable
Attorney correspondence
Payment deadlines
Hearing notices
Address updates

If you move, you must make sure your address is properly updated with the correct agency. Many immigration problems begin not because the person ignored the case, but because important notices were sent to an old address.

Martha L. Arias, Esq.
Immigration Law Attorney

Dedicated Immigration Law Attorney

If you are concerned about adjustment of status, consular processing, asylum fees, ICE detention, naturalization, or a prior immigration filing, you may contact our office to schedule a consultation.

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Practical Tips for Immigrants and Families Right Now

These updates can feel overwhelming, but there are practical steps families can take.

Tip 1: Keep Copies of Every Immigration Filing

Keep a complete copy of every immigration application ever filed for you or by you. This may include:

Naturalization applications
Green card applications
Asylum applications
Work permit applications
Family petitions
Waiver applications
Consular processing documents
Immigration court filings
Prior notices from USCIS, ICE, CBP, EOIR, or the Department of Justice

If you do not have copies, try to gather what you can before there is an emergency.

Tip 2: Do Not Guess on Immigration Forms

Immigration forms ask serious questions. A wrong answer, incomplete answer, or misunderstood question can create long-term problems.

If you do not understand a question, do not guess. Ask for legal guidance before filing.

Tip 3: Review Criminal History Before Filing

Even old arrests can matter.

Sometimes people believe a case “does not count” because it was dismissed, sealed, expunged, or happened many years ago. Immigration law may treat criminal records differently than state criminal law.

Before filing for a green card, citizenship, asylum, or another benefit, review your full record with an immigration attorney.

Tip 4: Be Careful Before Traveling

Travel can create problems for some people with pending cases, prior unlawful presence, removal history, or unresolved immigration issues.

Before leaving the United States, speak with an immigration attorney, especially if you have a pending green card case, asylum case, TPS, parole, DACA, or prior immigration violations.

Tip 5: Do Not Ignore Government Notices

If you receive a letter from USCIS, ICE, EOIR, CBP, or the Department of Justice, do not ignore it.

Deadlines can be short. Some notices require a response, payment, appearance, or legal action.

Tip 6: Update Your Address Correctly

If you move, update your address with the correct immigration agency. Depending on your case, this may include USCIS, EOIR, ICE, or more than one agency.

Do not assume that updating your address with one office automatically updates it everywhere.

Tip 7: Prepare a Family Emergency File

Every immigrant family should consider keeping a secure emergency file with:

Copies of passports
A-numbers
Immigration receipts
Court hearing notices
Attorney contact information
Medical information
School information for children
Important family documents
Trusted emergency contacts

This is not about fear. It is about preparation.

Frequently Asked Questions

Can the government take away U.S. citizenship from a naturalized citizen?

In some cases, the government may bring a denaturalization case in federal court. This usually involves allegations that citizenship was obtained unlawfully, fraudulently, or through concealment of important facts. Citizenship is not revoked automatically. The government must pursue the case through the legal system.

Should all naturalized citizens be worried?

No. Most naturalized citizens who were eligible and truthful during the process should not assume they are at risk. However, anyone with concerns about old immigration filings, criminal history, identity issues, or possible mistakes in prior applications should seek legal advice before responding to any government inquiry.

Does the new USCIS policy mean adjustment of status is no longer available?

No. Adjustment of status still exists. However, USCIS is emphasizing that adjustment is discretionary and may be granted only when the applicant qualifies and when USCIS believes the case deserves favorable discretion. Applicants should be more careful before filing.

Will more green card applicants have to go through consular processing?

Possibly, depending on the facts of the case. The new policy may lead to closer review of adjustment of status applications, and in some cases, consular processing may become more likely. But this does not apply the same way to every person. Some applicants may still qualify for adjustment of status in the United States.

Is consular processing risky?

It can be risky for some people. Applicants with unlawful presence, prior removals, fraud concerns, criminal history, or waiver issues may face complications when they leave the United States. Before choosing consular processing, it is important to understand the risks.

Are asylum applicants now required to pay new fees?

Certain asylum applicants may now be required to pay fees, including an initial Form I-589 fee and an Annual Asylum Fee for certain pending cases. The exact requirement may depend on whether the case is pending with USCIS or EOIR and how long the case has been pending.

What happens if an asylum applicant does not pay a required fee?

Failure to timely pay a required asylum fee may create serious problems for the pending application. USCIS has stated that it may reject pending Form I-589 asylum applications if the Annual Asylum Fee is not timely paid after notice. For immigration court cases, EOIR states that an Immigration Judge or the Board of Immigration Appeals will provide a written order regarding payment.

Can ICE detain someone with a pending immigration case?

Yes, depending on the facts. A pending case does not always prevent detention. Risk may be higher for people with prior removal orders, missed hearings, criminal issues, or recent enforcement encounters.

What should I do if a family member is detained by ICE?

Try to gather the person’s full name, date of birth, country of birth, A-number, location of detention, immigration history, criminal history, and copies of any immigration papers. Contact an immigration attorney quickly because detention cases may move fast.

Should I file an immigration application now or wait?

That depends on your case. Some people should move forward; others should first review risks, prior filings, criminal history, travel history, and eligibility. Immigration strategy should be based on facts, not fear.

Why Legal Guidance Matters More Than Ever

Immigration law has always required careful preparation, but these recent changes make preparation even more important.

A person may be eligible for an immigration benefit and still face problems if the case is not presented correctly. A family may believe a case is simple, but old travel history, prior visa entries, criminal records, public charge questions, misrepresentation concerns, or missed deadlines can change the strategy.

Before filing, responding, traveling, or attending an interview, it is wise to understand the full picture.

At Arias Villa, PLLC, we help individuals, families, business owners, professionals, and immigrants understand their options and prepare immigration matters carefully. Every case is different, and the right strategy depends on the facts.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Immigration law changes frequently, and every case depends on its own facts. Reading this article does not create an attorney-client relationship. For advice about your specific situation, please consult with a qualified immigration attorney.