The federal government’s intensified, across-the-board immigration enforcement is dealing a significant blow to H-1B employment visa holders and DACA (Deferred Action for Childhood Arrivals) program beneficiaries, who were brought to the U.S. as children by their parents.

Kim (34), who was laid off in June from a Silicon Valley startup where he worked under an H-1B professional employment visa, received a Notice to Appear (NTA) for immigration court on the 45th day after his termination, despite the 60-day grace period not having expired. While preparing to find a new employer and transition his visa, Kim was shocked to learn through an immigration attorney that the Immigration and Customs Enforcement (ICE) has increasingly been initiating deportation proceedings during the grace period.

Previously, H-1B visa holders whose employment ended, whether voluntarily or involuntarily, were allowed to remain legally in the U.S. for 60 days to apply for a new visa through a new employer or change their status. However, recent cases show a sharp rise in deportation proceedings being initiated, effectively nullifying this grace period. Even when time remains in the grace period, the Department of Homeland Security (DHS) has been issuing NTAs automatically, citing “discretion” as the reason.

Immigration attorney Rajiv Khanna pointed out, “Internal USCIS guidelines specify that NTAs can only be issued after the loss of legal status,” adding, “Recent cases provide evidence that NTAs are being improperly issued in violation of these guidelines.” According to the U.S. Citizenship and Immigration Services (USCIS), approximately 1,800 NTAs have been issued weekly since February this year, with a significant portion sent to individuals still within their grace period.

An NTA marks the start of deportation proceedings, detailing the grounds for deportation, relevant facts, and the date for appearing in immigration court. Once an NTA is received, transitioning to another visa status, such as a B2 tourist visa or an H-4 family visa, becomes extremely difficult. This is because the immigration court assumes jurisdiction over status changes, and most such applications are denied. As a result, many individuals are forced to leave the U.S. temporarily and attempt re-entry or abandon their visa reapplication efforts.

The crackdown is also hitting DACA recipients hard. The federal government recently revised the definition of “Lawfully Present” within the Affordable Care Act (commonly known as Obamacare), resulting in approximately 2,300 DACA recipients in California losing eligibility for the state’s Covered California health insurance program by the end of August.

These individuals, who have worked diligently and paid taxes, are now abruptly losing healthcare benefits. Covered California stated, “We are guiding DACA recipients to explore alternative options such as Medi-Cal, employer-sponsored insurance, or private insurance,” while expressing regret over “the lack of policy protections in this reality.”

These federal measures are seen as more than mere administrative actions, structurally undermining the stability of highly educated immigrants and young immigrant communities in the U.S. Immigration experts emphasize, “Given the complexity of legal interpretations and varying outcomes depending on individual circumstances, immigrants anticipating job termination or needing a status change must consult with an immigration attorney.”