DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
Here, we summarize some of the most important recent developments in immigration policy on the federal, legal, state, and local levels.
Federal
Green Card Holders and Some Citizens Report Travel Disruptions at Ports of Entry
U.S. permanent residents and U.S. visa holders are forgoing travel outside the country due to concerns about being detained or denied entry back into the U.S. as Customs and Border Protection (CBP) increases its scrutiny on travelers. Recent reports of legal permanent residents and visa holders being detained and deported include a French scientist allegedly denied entry over criticizing the Trump administration in personal correspondence, a Canadian citizen with a job offer in the U.S. detained by ICE for 12 days, and a German green card holder who is detained at the Donald W. Wyatt Detention Facility in Rhode Island, among others.
American citizens are also reporting increased scrutiny, with advice proliferating online about how to mitigate risk when traveling back into the U.S. The Trump administration began this increase in “vetting” of tourists and legal residents alike in an executive order on January 20.
Administration Expands Detention and Monitoring of Foreign Students
The Trump administration expanded its enforcement actions related to international students in U.S., with Secretary of State Marco Rubio confirming on March 28 that the State Department has revoked more than 300 student visas. This enforcement campaign comes as the administration targets international students engaged in activism on college campuses. Several days earlier, on March 25, Rubio issued a directive ordering U.S. diplomats to scrutinize the social media content of student visa applicants for evidence of support for terrorist organizations, if they bear “a hostile attitude toward U.S. citizens or U.S. culture, and/or had a student or exchange visa between Oct. 7, 2023, and Aug. 31, 2024. “We do it every day. Every time I find one of these lunatics, I take away their visas,” Rubio stated during a news conference in Guyana.
The administration’s actions are part of a broader effort known as the “Catch and Revoke” program, which uses a provision of the Immigration Nationality Act of 1952 that allows the Secretary of State to revoke visas from immigrants deemed security risks. Several high-profile cases have emerged in recent weeks. Rumeysa Ozturk, a Turkish doctoral student at Tufts University, was arrested by plainclothes agents after co-authoring an opinion piece in the student newspaper. Alireza Doroudiv, an Iranian doctoral student at the University of Alabama, was arrested with little explanation about his case. Critics argue these actions threaten fundamental rights to free speech and assembly.
Treatment of Migrants Deported to El Salvador Raises Humanitarian Concerns
The Trump administration’s deportation of 238 Venezuelans to El Salvador has sparked widespread humanitarian concerns and public outcry. Deportees, many with no apparent criminal records and some with pending asylum cases, were sent to El Salvador’s notorious Terrorism Confinement Center without due process or notification to their families and attorneys. Family members and advocates have highlighted the human cost of these deportations. “I have struggled to eat and sleep properly since my son was taken,” one mother stated in an affidavit. Many families learned of their relatives’ whereabouts only after seeing footage released by El Salvador’s President Nayib Bukele showing prisoners with shaved heads in prison uniforms.
The deportations have fractured families and communities, and some individuals’ stories have inspired international outcry. For example, Andry José Hernández Romero, an asylum seeker who is a gay makeup artist with no criminal history, was among those sent to the Salvadoran prison, raising particular concerns about his safety. His hometown of Capacho, Venezuela has been holding vigils for him, with residents wearing costumes from their annual Three Kings festival in which Andry was a key participant.
As evidence of such cases emerges, conservative voices have expressed alarm. Joe Rogan, host of the Joe Rogan Experience podcast, called the deportation of the makeup artist “horrific,” stating, “You’ve got to get scared that people who are not criminals are getting lassoed up and deported.” A recent poll found that 71% of Americans consider it unacceptable if legal U.S. residents are mistakenly detained, and only 15% believe the administration’s claim that all deportees are gang members. Religious organizations have also raised concerns, with a joint report from Catholic, evangelical, and other Christian groups finding that approximately 10 million Christians in the U.S. are at risk of deportation under current policies. “The separation of families is heartbreaking, and I believe the separation breaks the Lord’s heart,” said Stephanie Gonzalez, whose parents were recently deported to Colombia after 35 years in the U.S.
Legal
Federal Judge Blocks Administration’s Termination of Venezuelan TPS
On March 31, 2025, U.S. District Judge Edward Chen in San Francisco temporarily blocked the Trump administration’s attempt to end Temporary Protected Status (TPS) for approximately 350,000 Venezuelans. The ruling prevents the termination that was set to take effect on April 7, allowing TPS holders to maintain their legal status and work authorization while the case proceeds through the courts.
In his 78-page order, Judge Chen found that Homeland Security Secretary Kristi Noem’s February decision to revoke TPS for Venezuelans “threatens to inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety.” The judge determined that the plaintiffs are likely to succeed in demonstrating that Noem’s actions were “unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.” The administration filed a motion on April 2 asking Judge Chen to put his ruling on hold by April 5 to allow the U.S. Court of Appeals for the Ninth Circuit to consider the case.
Following the court order, USCIS has issued guidance stating that expiration dates for Venezuelan TPS will revert to those established on January 17, 2025, when the Biden administration extended the designation by 18 months. The March 31 ruling does not address the administration’s separate March 25 announcement terminating humanitarian parole for citizens of Cuba, Haiti, Nicaragua, and Venezuela (the CHNV program), which is set to expire on April 24, 2025.
Alien Enemies Act Deportations Face Legal Challenges from Former Officials and Courts
A federal judge said on Thursday, April 3, that there is a “fair likelihood” the Trump administration violated his order to halt deportations of Venezuelan migrants to El Salvador under the Alien Enemies Act. U.S. District Judge James Boasberg indicated he may pursue contempt proceedings against administration officials for allowing two deportation flights to continue on March 15 despite his verbal order to return the planes to the United States. During the hearing, Judge Boasberg questioned Justice Department attorney Drew Ensign about who in the administration knew about his order and who decided to allow the flights to proceed.
Ensign frequently claimed he did not know or that the information was protected by attorney-client privilege, prompting visible frustration from the judge. “You’re standing here telling me you have no idea who made the decision to not bring the planes back?” Boasberg asked. The administration has invoked the state secrets privilege to withhold information about the flights, though Ensign acknowledged the information is not classified. Judge Boasberg scheduled another hearing for April 8 to further discuss this claim, with a ruling on potential contempt charges expected next week.
In a related case, the Trump administration’s use of the Alien Enemies Act has reached the U.S. Supreme Court, where a group of 32 former Republican officials, including conservative former federal judge J. Michael Luttig and former Trump administration attorney Ty Cobb, filed an amicus brief opposing the administration’s use of the 18th-century law. The brief argues that the administration’s application of the Alien Enemies Act is “unwarranted and violates constitutional limits on executive power.”
State and Local
Texas Senate Passes Bill Requiring Sheriffs to Expand Immigration Enforcement Activities
On April 1, the Texas Senate passed Senate Bill 8, which would require sheriffs in counties with more than 100,000 residents across the state to enter into 287(g) agreements with Immigration and Customs Enforcement (ICE). Under Section 287(g) of the Immigration and Nationality Act, these agreements permit local officers to be trained and authorized by ICE to perform certain federal immigration enforcement duties, such as identifying, detaining, and transferring undocumented immigrants for deportation. The bill also allows the state Attorney General’s Office to sue a sheriff if the state believes that a sheriff is not in compliance. Under the bill, the state would create a $20 million fund to provide grants to counties with fewer than 1 million residents that enter into agreements with ICE.
Opponents of the bill cite monetary concerns, as well as concerns of racial profiling and the erosion of trust between immigrant communities and local law enforcement. State Senator Charles Schwertner (R-Texas), the sponsor of the bill, defended the legislation by saying “the 287(g) program is about identifying criminality, not nationality.” The bill will now move to the Texas House for consideration. Several other states, including Georgia and Florida, have considered or passed state legislation mandating law enforcement agencies enter into memorandums of agreement (MOA) with ICE under the 287(g) Program.
BILLS INTRODUCED AND CONSIDERED
It is hard to keep up with the constant deluge of proposed legislation in the 119th Congress. So, every week, we round up federal legislative proposals that have recently been introduced and that are relevant to immigration policy.*
S.1298
A bill to authorize the continuation of lawful nonimmigrant status for certain religious workers affected by the backlog for religious worker immigrant visas.
Sponsored by Sen. Tim Kaine (D-VA) (2 cosponsors)
04/03/2025 Introduced by Sen. Kaine
04/03/2025 Read twice and referred to the Committee on the Judiciary
S.1292
A bill to permanently authorize the exemption of aliens working as fish processors from the numerical limitation on H-2B nonimmigrant visas.
Sponsored by Sen. Lisa Murkowski (R-AK) (7 cosponsors)
04/03/2025 Introduced by Sen. Murkowski
04/03/2025 Read twice and referred to the Committee on the Judiciary
S.1281
A bill to establish a new nonimmigrant visa for mobile entertainment workers.
Sponsored by Sen. Thomas Tillis (R-NC) (2 cosponsors)
04/03/2025 Introduced by Sen. Tillis
04/03/2025 Read twice and referred to the Committee on the Judiciary
S.1201
A bill to amend the Immigration and Nationality Act to provide for claims of ineffective assistance of counsel in immigration matters, and for other purposes.
Sponsored by Sen. Christopher Murphy (D-CT) (0 cosponsors)
03/31/2025 Introduced by Sen. Murphy
03/31/2025 Read twice and referred to the Committee on the Judiciary
H.R.2641
A bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require all Federal contractors to participate in the E-verify program.
Sponsored by Rep. Ryan Mackenzie (R-PA-7) (0 cosponsors)
04/03/2025 Introduced by Rep. Mackenzie
04/03/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce
H.R.2607
A bill to designate residents of South Africa as Priority 2 refugees of special humanitarian concern, and for other purposes.
Sponsored by Rep. Troy E. Nehls (R-TX-22) (0 cosponsors)
04/02/2025 Introduced by Rep. Nehls
04/02/2025 Referred to the House Committee on the Judiciary
H.R.2606
A bill to amend the Immigration and Nationality Act to repeal an exception to the terrorism-related ground for inadmissibility, and for other purposes.
Sponsored by Rep. Nancy Mace (R-SC-1) (0 cosponsors)
04/02/2025 Introduced by Rep. Mace
04/02/2025 Referred to the House Committee on the Judiciary
H.R.2490
A bill to amend section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit the provision of assistance under title IV of the Higher Education Act of 1965 to States that offer in-State tuition rates to aliens who are not lawfully present in the United States, and for other purposes.
Sponsored by Rep. Tim Burchett (R-TN-2] (0 cosponsors)
03/31/2025 Introduced by Rep. Burchett
03/31/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session Monday, April 7 through Friday, April 11, while the House of Representatives will meet Monday, April 7 through Thursday, April 10.
GOVERNMENT REPORTS
Reports by bodies such as the U.S. Government Accountability Office, the Congressional Research Service, and the Department of Homeland Security’s Office of Inspector General provide invaluable information on immigration policy and practice. Here, we give brief summaries of new immigration-related reports with links to the resources themselves in case you want to learn more.
Congressional Research Service (CRS): The Alien Enemy Act: History and Potential Use to Remove Members of International Criminal Cartels; Publicly Released April 2, 2025
This report provides a historical overview of the Alien Enemy Act of 1798 and discusses the potential implications of invoking the Act to remove members of international crime cartels and other transnational organizations from the United States. The report also briefly discusses the current litigation regarding President Trump’s proclamation invoking the Act to remove members of Tren de Aragua (TdA).
Congressional Research Service (CRS): Nationwide Injunctions from January 20, 2025, Through March 27, 2025; Publicly Released March 28, 2025
This report identifies nationwide injunctions issued during the second Trump Administration between January 20, 2025, and March 27, 2025. The report explains CRS’s methodology for identifying nationwide injunction cases and provides a table listing 17 cases identified using that methodology, including the injunctions against the executive order entitled “Protecting the Meaning and Value of American Citizenship” and the injunction against the executive order entitled “Realigning the United States Refugee Admissions Program.”
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
Sanctuary Jurisdictions: Magnet for Migrants, Cover for Criminals
Date: Wednesday, April 9, 2025, at 10:00 AM ET (House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement)
Location: 2141 Rayburn House Office Building, Washington D.C.
Witnesses: TBA*
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
The Forum is constantly publishing new policy-focused resources that engage with some of the most topical issues around immigration today. Here are a few that are particularly relevant this week:
Are Sanctuary Policies Unlawful? State and Municipal Prerogatives to Collaborate with Federal Immigration Authorities
This new resource explains why sanctuary jurisdictions have the constitutional right to limit their cooperation with federal immigration enforcement under the anti-commandeering doctrine. It also examines the legal challenges surrounding federal attempts to impose funding conditions on sanctuary jurisdictions.
Unaccompanied Alien Children (UCs or UACs) 2025 Update
This resource provides a comprehensive overview of unaccompanied children (UACs) in the U.S. immigration system. It covers background information, recent statistics, policy changes, and controversies surrounding UAC tracking and legal representation.
Temporary Protected Status (TPS): Fact Sheet
Our updated resource provides relevant information on TPS, a government protection granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling their return.
*As of publication (4/4/25 at 3PM ET)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the National Immigration Forum, with questions, comments, and suggestions for additional items to be included. Nicci can be reached at nmattey@immigrationforum.org. Thank you.