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
Pope Francis Issues Sharp Rebuke of Mass Deportation Policies as Religious Groups File Suit
The Trump administration has received vociferous backlash from various religious groups following a Department of Homeland Security (DHS) directive rescinding the Biden administration’s Guidelines for Enforcement Actions in or Near Protected Areas, which had established a principle limiting ICE officers from “tak[ing] an enforcement action in or near a location that would restrain people’s access to essential services or engagement in essential activities.” Such “protected areas” included schools, healthcare facilities, and places of worship, among others.
In response to the recission, 27 Christian and Jewish groups filed suit in federal court, arguing that the new policy infringes on their religious freedom by limiting their ability to minister to migrant communities, many of whom have stopped attending church services due to fear of ICE raids.
On February 11th, the Trump administration’s mass deportation efforts drew criticism from Pope Francis himself, who wrote in an open letter to the Catholic Bishops of the United States of America this week: “The rightly formed conscience cannot fail to make a critical judgment and express its disagreement with any measure that tacitly or explicitly identifies the illegal status of some migrants with criminality…What is built on the basis of force, and not on the truth about the equal dignity of every human being, begins badly and will end badly.” Tom Homan, Trump’s border czar, responded to the Pope’s letter by suggesting that the Pope should “[s]tick to the Catholic Church. Leave border enforcement to us.”
Reconciliation Bills Advance in Senate and House Amid GOP Divisions
On February 12th, the Senate Committee on the Budget voted 11-10, along party lines, to approve the FY 2025 budget resolution, advancing a fiscal framework that allocates $175 billion for border security. The resolution has sparked intense debate among lawmakers. During two-day the markup process, Senate Budget Committee majority members, including Rick Scott (R-FL) and John Kennedy (R-LA), blamed President Biden’s “open border policies” for rising crime and drug trafficking, citing fentanyl as a key concern. Minority members, such as Alex Padilla (D-CA), criticized the focus on mass deportations, noting that half of those arrested by ICE have no criminal record and warning about the economic impact of targeting immigrant workers vital to key industries. Senate Budget Committee Chairman Lindsey Graham (R-SC) has repeatedly underscored his desire to swiftly implement President Trump’s immigration agenda, including funding for the border wall, expanded detention capacity, and increased ICE personnel. The reconciliation bill now heads to the Senate floor for debate, with a vote expected in late February or early March.
If passed, the Senate reconciliation bill will provide a framework for advancing Trump’s immigration priorities while setting up further negotiations with House Republicans over final spending levels and policy details. The Senate’s approach, which separates border security from tax policy in a two-bill strategy, contrasts with the House’s “one big bill” plan that combines tax cuts, defense spending, and immigration enforcement into a single package. On February 13th, the House Budget Committee approved its own budget resolution along party lines. Speaker Mike Johnson (R-LA) has faced challenges uniting House Republicans around the proposal and has felt increased pressure from top Trump officials to reach a compromise. The full House vote is expected later this month.
Unpublished Refugee Data Highlights Ongoing Federal Transparency Issues
The monthly refugee arrival report for January 2025, typically published by the Refugee Processing Center (RPC) on or around the 5th of each month, has not been released. The absence of this data coincides with President Trump’s January 20th executive order suspending the U.S. Refugee Admissions Program (USRAP) until further notice. Refugee arrivals continued up to inauguration day, with 27,308 refugees admitted during the first quarter of FY 2025 as of December 31, 2024. However, no new arrivals have been recorded since the suspension took effect and tens of thousands of refugees slated for travel have had their flights canceled.
This lack of transparency in refugee data is part of a broader trend under the new administration, with other immigration-related data, such as ICE enforcement statistics, also being withheld or delayed. Reports suggest that outdated ICE activity articles have been manipulated to appear as recent updates in search engine results. Access to accurate and timely data is critical for understanding immigration trends and ensuring transparency in policymaking, and advocacy groups have long warned that a lack of information hinders public oversight and obscures the impact of significant policy changes on vulnerable populations.
USCIS Announces Opening of FY2026 H1-B Cap Period
On February 5th, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2026 H1-B Specialty Occupations visa cap will open at 12:00 PM ET on March 7th and run through March 24th, 2025. The H-1B visa program allows U.S. employers to hire non-citizen workers for “specialty occupations” that requiring a bachelor’s degree. H1-B recipients include IT professionals, engineers, professors, doctors, lawyers, architects, and journalists. Congress set the H-1B visa cap at 65,000 per year in 1990, and an additional 20,000 visas for people with an advanced degree exemption was approved by Congress in 2004.
Legal
Department of Justice Deploys Prosecutors to the Southern Border
The Trump administration has directed federal prosecutors to prioritize immigration enforcement by reallocating resources to southern border districts. Specifically, Acting Deputy Attorney General Emil Bove has instructed all 93 U.S. attorneys within the Department of Justice (DOJ) to identify line prosecutors for deployment to these regions, framing the initiative as a response to what the administration describes as an “invasion” of illegal immigration. During a late January conference call, Bove linked this directive to President Trump’s executive order declaring a national emergency at the southern border and emphasized the need to prosecute immigration-related offenses as a top priority.
This shift in prosecutorial focus coincides with broader immigration policies under the second Trump administration, including the deployment of military personnel and resources to support Customs and Border Protection (CBP) operations. During Trump’s first term, Attorney General Jeff Sessions implemented a zero-tolerance policy to prosecute all border crossers, which led to family separations that affected thousands of children. The Biden administration had formed a task force to reunite families that remained separated years later, but Trump disbanded it on the first day of his second term. Reacting to the DOJ’s enhanced focused on immigration prosecutions, Pima County Attorney Laura Conover underscored her office’s partnership with the Arizona U.S. Attorney’s Office, emphasizing their focus on tackling organized crime and collaborating with tribal law enforcement rather than prioritizing low-level immigration prosecutions. She criticized the Trump administration’s focus on immigration cases, linking it to Operation Streamline, a program which she argued diverted resources from addressing major financial crimes like those that led to the 2008 financial crisis. Speaking to the Arizona Daily Star, an immigration attorney remarked: “It’s a question of whether this is a practical use of our resources. Do you want to apply your resources to violent criminals and make that a priority, or do you want to potentially clog up the courts with so many more immigration cases?”
State and Local
Florida Enacts Sweeping Immigration Crackdown After GOP Infighting
On February 13th, Florida Governor Ron DeSantis signed into law what he characterized as “the strongest legislation to combat illegal immigration of any state in the entire country”. The series of immigration enforcement-focused bills which passed during a third special legislative session, came after weeks of public disputes between DeSantis and state Republican lawmakers over the scope and control of immigration enforcement. The compromise legislation establishes a State Board of Immigration Enforcement, composed of the governor, agriculture commissioner, attorney general, and chief financial officer, to oversee immigration enforcement efforts and distribute $250 million in grants to local law enforcement agencies for federal collaboration. All decisions by the board will require unanimous approval.
The new Florida laws, written by GOP bill sponsors in consultation with the Trump administration, include the imposition of mandatory pretrial detention for undocumented individuals charged with forcible felonies, revoke in-state tuition for undocumented students, and allocate $298 million of state funds to hire and train additional law enforcement personnel. Minority Democratic Leader Jason Pizzo had proposed an amendment that would require all employers in the state to use E-Verify, but it was ruled out of order. Responding to the passage of the bill, Pizzo said, “If we’re going to be tough on illegal immigration and we’re going to stem the tide and curb the crisis, we should be honest with ourselves and require all employers in Florida to use E-Verify.” Other Democratic lawmakers in Florida have warned that several provisions of the newly signed bills violate constitutional protections could burden taxpayers with costly litigation.
BILLS INTRODUCED AND CONSIDERED
It’s challenging to keep up with the 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.512
A bill to impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle.
Sponsored by Sen. Ted Cruz (R-TX) (9 cosponsors)
02/11/2025 Introduced by Sen. Cruz
02/11/2025 Read twice and referred to the Senate Committee on the Judiciary
S.486
A bill to require the Secretary of Homeland Security to immediately initiate removal proceedings for aliens whose visas are revoked on security or related grounds.
Sponsored by Sen. Mike Lee (R-UT) (4 cosponsors)
02/06/2025 Introduced by Sen. Lee
02/06/2025 Read twice and referred to the Senate Committee on the Judiciary
S.461
A bill to exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas, and for other purposes.
Sponsored by Sen. Mazie K. Hirono (D-HI) (12 cosponsors)
02/06/2025 Introduced by Sen. Hirono
02/06/2025 Read twice and referred to the Senate Committee on the Judiciary
S.455
A bill to amend section 287 of the Immigration and Nationality Act to limit immigration enforcement actions at sensitive locations, to clarify the powers of immigration officers at sensitive locations, and for other purposes.
Sponsored by Sen. Richard Blumenthal (D-CT) (23 cosponsors)
02/06/2025 Introduced by Sen. Blumenthal
02/06/2025 Read twice and referred to the Senate Committee on the Judiciary
S.398
A bill to transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.
Sponsored by Sen. Christopher A. Coons (D-DE) (31 cosponsors)
02/04/2025 Introduced by Sen. Coons
02/04/2025 Read twice and referred to the Senate Committee on the Judiciary
S.363
A bill to impose sanctions with respect to foreign governments that resist efforts to repatriate their citizens who have unlawfully entered the United States and foreign governments and foreign persons that knowingly facilitate unlawful immigration into the United States, and for other purposes.
Sponsored by Sen. Tim Scott (R-SC) (4 cosponsors)
02/03/2025 Introduced by Sen. Scott
02/03/2025 Read twice and referred to the Senate Committee on Banking, Housing, and Urban Affairs
H.R.1348
To authorize the Secretary of Homeland Security to adjust the status of certain aliens who are nationals of Venezuela to that of aliens lawfully admitted for permanent residence, and for other purposes.
Sponsored by Rep. Darren Soto (D-FL-9) (3 cosponsors)
02/13/2025 Introduced by Rep. Soto
02/13/2025 Referred to the House Committee on the Judiciary
H.R.1337
To add Ireland to the E3 nonimmigrant visa program.
Sponsored by Rep. Richard E. Neal (D-MA-1) (1 cosponsor)
02/13/2025 Introduced by Rep. Neal
02/13/2025 Referred to the House Committee on the Judiciary
H.R.1312
To amend the Immigration and Nationality Act to provide that an alien who has been convicted of a crime is ineligible for asylum, and for other purposes.
Sponsored by Rep. Mark Harris (R-NC-8) (8 cosponsors)
02/13/2025 Introduced by Rep. Harris
02/13/2025 Referred to the House Committee on the Judiciary
H.R.1241
To amend the Immigration and Nationality Act to eliminate the diversity immigrant program.
Sponsored by Rep. Mike Collins (R-GA-10) (6 cosponsors)
02/12/2025 Introduced by Rep. Collins
02/12/2025 Referred to the House Committee on the Judiciary
H.Res.126
Celebrating the legacy and contributions of immigrants and opposing discriminatory immigration policies.
Sponsored by Rep. Yassamin Ansari (D-AZ-3) (17 cosponsors)
02/12/2025 Introduced by Rep. Ansari
02/12/2025 Referred to the House Committee on the Judiciary
H.R.1220
To amend the Immigration and Nationality Act to direct the Secretary of State to increase the fee imposed on aliens filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant described in section 101(a)(15)(B) who are nationals of certain countries, and for other purposes.
Sponsored by Rep. Ann Wagner (R-MO-2) (1 cosponsor)
02/11/2025 Introduced by Rep. Wagner
02/11/2025 Referred to the House Committee on the Judiciary
H.R.1202
To establish vetting standards for the placement of unaccompanied alien children with sponsors, and for other purposes.
Sponsored by Rep. Morgan Luttrell (R-TX-8) (4 cosponsors)
02/11/2025 Introduced by Rep. Luttrell
02/12/2025 Sponsor introductory remarks on measure
H.R.1201
To amend the Immigration and Nationality Act to increase the number of physicians who may be provided Conrad 30 waivers.
Sponsored by Rep. Michael Lawler (R-NY-17) (10 cosponsors)
02/11/2025 Introduced by Rep. Lawler
02/11/2025 Referred to the House Committee on the Judiciary
H.R.1061
To amend section 287 of the Immigration and Nationality Act to limit immigration enforcement actions at sensitive locations, to clarify the powers of immigration officers at sensitive locations, and for other purposes.
Sponsored by Rep. Adriano Espaillat (D-NY-13) (47 cosponsors)
02/06/2025 Introduced by Rep. Espaillat
02/06/2025 Referred to the House Committee on the Judiciary
H.Res.113
Directing the Secretary of Homeland Security to transmit to the House of Representatives certain documents relating to Department of Homeland Security policies and activities related to the security of Department information and data and the recruitment and retention of its workforce.
Sponsored by Rep. Bennie G. Thompson (D-MS-2) (0 cosponsors)
02/05/2025 Introduced by Rep. Thompson
02/05/2025 Referred to the House Committee on Homeland Security
H.R.924
To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.
Sponsored by Rep. Judy Chu (D-CA-28) (88 cosponsors)
02/04/2025 Introduced by Rep. Chu
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session from Tuesday, February 18th, through Friday, February 21st. The U.S. House of Representatives will not be in session in observance of Presidents Day on Monday, February 17th and for a district working period during the rest of the week.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington*
Hearings to examine the nominations of Troy Edgar, of California, to be Deputy Secretary of Homeland Security, and James Bishop, of North Carolina, to be Deputy Director of the Office of Management and Budget.
Date: Thursday, February 20, 2025, at 10:00 AM ET (Senate Committee on Homeland Security and Governmental Affairs)
Location: 342 Dirksen Senate Office Building, Washington, D.C.
Witnesses: Troy Edgar and James Bishop
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.
Government Accountability Office (GAO): DHS Followed Applicable Regulations for Awarding Grants and Contracts Awarded by Any Means Other Than Full and Open Competition During Fiscal Year 2024; Publicly Released February 10th, 2025
This final report shows that DHS under the Biden administration effectively managed noncompetitive grants and contracts in FY2024, adhering to federal regulations and internal policies. It details how USCIS and CBP handled significant noncompetitive contracts, ensuring compliance with procurement standards while supporting operational needs critical to immigration policy implementation.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Trump’s First 100 Days: Potential Immigration Actions
Trump’s second-term immigration agenda promises sweeping changes, including mass deportations, stricter asylum restrictions, and the rollback of protections for millions. The Forum’s latest policy resource delves into the administration’s ambitious first 100-day plans and their profound legal, social, and economic implications.
Forum Analysis:
The Forum policy team continues to analyze developments in federal immigration policy. Below are three resources we published exploring the implications of Trump’s initial suite of executive orders focused on immigration.
President Trump’s Executive Actions on Border Security
President Trump’s Executive Order on the U.S. Refugee Program
President Trump’s Executive Actions Relating to Immigration Enforcement and Mass Deportation
*As of publication (2/14/25 at 1PM EST)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the National Immigration Forum, with comments and suggestions of additional items to be included. Nicci can be reached at nmattey@immigrationforum.org. Thank you.