NRI Pulse



Immigration Perspective

Trapped Between Law and Fear: Immigrants Face Tougher Rules

BY VEENA RAO

Atlanta, GA, October 7, 2025:Immigration attorneys across Georgia say the system has become harsher, less predictable, and more frightening—not only for undocumented immigrants, but also for those who have lived legally in the United States for years.

In conversations with NRI Pulse, Georgia-based immigration attorneys, who did not want to be named, described a wave of new rulings and enforcement actions that they believe are eroding long-standing legal protections. “It feels like the rules are changing every week,” said one attorney. “Even cases decided years ago are being reopened or overturned.”

According to the attorneys, the Department of Justice and the Board of Immigration Appeals have been revisiting previously decided cases and issuing sweeping new interpretations. One of the latest rulings, known as Matter of Hurtado, bars anyone who entered the United States by crossing the border—including asylum seekers—from being released on bond if detained.

“That means even people who came decades ago to seek asylum can now be held indefinitely if they are picked up,” an attorney explained.

In another case earlier this year, Matter of Q-L-, the court ruled that anyone who entered the country without a visa could be held under provisions requiring mandatory detention. Since that decision, lawyers say bond approvals have virtually stopped. “It’s as if the system is being redesigned to keep people locked up,” one attorney said.

One lawyer described the ordeal of a client who had entered the U.S. in the late 1990s seeking asylum. Her original removal order was vacated after years of legal struggle, and her green-card application was finally moving forward. But when immigration authorities called her for a routine fingerprinting appointment, she was arrested. “She had done everything right,” the attorney said. “But because the system hadn’t been updated to show that her case was reopened, they detained her. Even after realizing the mistake, they refused to release her.” Under the new Hurtado decision, the attorney said, the woman cannot be released on bond—a situation they called “draconian and heartbreaking.”

The lawyers said fear now extends beyond undocumented immigrants. “Even legal immigrants are scared,” one said. “When I see a police car, I get nervous—and I’m a citizen. That’s how tense things have become.” Another attorney said clients who are required to report regularly to Immigration and Customs Enforcement (ICE) live in constant dread. “We can’t tell them to go or not to go,” the attorney said. “If they go for their check-in and get detained, we may not be able to get them released. But if they skip it, they risk being labeled flight risks, and ICE could arrest them at home.”

Their only legal tool in such cases is to file a habeas corpus petition in federal court, asking a judge to order a release. But that can only be done after all other remedies are exhausted. “It’s a catch-22,” the lawyer said. “They’re trapped either way.”

Some attorneys noted that certain immigration applications, like green-card renewals and citizenship petitions, are being processed faster than before. But they warn that speed has come at a cost. “In the past, if your application had a missing document, it would just be denied and you could reapply,” one lawyer said. “Now, USCIS officers can issue deportation notices or even arrest applicants. Local immigration offices now have armed U.S. marshals on site. People are afraid to go to interviews.”

A few weeks ago, new federal guidance added another layer of anxiety: citizenship applicants must now prove they have “excellent moral character.” “It’s not enough to pass a background check,” said one attorney. “They now want letters from neighbors or community members vouching for you. But how many people really know their neighbors well enough for that?”

Attorneys also pointed to the recently passed Laken Riley Act, named after a Georgia student who was killed earlier this year. The law makes any immigrant charged—not convicted—with certain crimes, including theft and burglary, subject to deportation. “That’s a huge change,” one lawyer said. “Even if your case was dismissed or you were found innocent, you can still be deported. We’ve seen students lose their status for minor infractions like traffic tickets or shoplifting charges from years ago.”

Several immigration lawyers said they saw students suddenly lose their legal status this spring after receiving AI-generated letters from ICE claiming their SEVIS records were revoked. “Many had done nothing wrong,” one attorney said. “Some just had a speeding ticket.” After class-action lawsuits, those cases were temporarily halted, but fear lingers. “We now tell students not to drive if they can avoid it,” the lawyer said. “Getting pulled over is the easiest way to end up in detention.”

Attorneys are also alarmed by what’s happening to asylum seekers and Afghan refugees. In recent months, asylum cases have been summarily dismissed if applicants fail to submit complete evidence immediately upon filing—something nearly impossible for those in detention. Meanwhile, Afghan nationals who came to the U.S. under Special Immigrant Visa (SIV) programs are receiving letters revoking their green cards. They’re told to prove within 15 days that they worked for U.S. contractors years ago, often by providing letters from supervisors who no longer exist. “These people risked their lives helping U.S. forces,” one attorney said. “Now they’re being told to produce documents from war-torn regions where no one is left. It’s a setup for failure.”

Minor offenses that once carried little consequence—such as selling alcohol to minors, small-business violations, or even slot-machine infractions—can now trigger immigration action. “Many South Asian business owners operate gas stations or convenience stores,” one attorney said. “If they’re charged with something as small as selling a tobacco product to a minor, it can now be used against their immigration status.”

Domestic-violence and gambling-related charges are also leading to immediate deportation proceedings. “Even without conviction,” an attorney emphasized, “the damage is done.”

Despite the sweeping changes, the attorneys said mainstream media coverage has been minimal. “A Supreme Court decision allowing immigration agents to question people based on appearance barely made the news,” said one. “People have no idea how much the ground has shifted.” Attorneys say they’ve appealed to lawmakers and met with members of Congress to express concern, but few are willing to speak publicly. One Georgia congressman privately told attorneys that he supported legal immigration but did not want to be quoted. “It’s disheartening,” one lawyer said. “The public doesn’t know, and politicians are afraid to talk.”

Supporters of the new policies argue that a stricter approach is needed to prevent abuse of the asylum system and to restore public confidence in immigration enforcement. They say recent court rulings simply enforce existing laws that had been inconsistently applied in the past.

As the legal landscape continues to shift, attorneys and immigrant families alike are left navigating uncertainty. While the government insists it is enforcing the law, immigration advocates say the cost is human dignity. Between those two realities, thousands of lives hang in the balance.

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