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
Senate Budget Committee Advances Reconciliation Blueprint for Border Security
The Senate Budget Committee, led by Chairman Lindsey Graham (R-SC), has announced plans to mark up the Fiscal Year 2025 budget resolution during the week of Monday, February 10th, advancing the reconciliation process to fund key components of President Trump’s agenda. The resolution would allocate approximately $150 billion for border security and a similar amount for defense spending, with funds directed toward completing the border wall, hiring additional ICE agents, and expanding detention capacity. The Senate’s decision to move forward comes as House Republicans remain divided over their own budget blueprint, delaying progress on a comprehensive package.
While Speaker Mike Johnson has pushed for a single “all-in-one” bill, Senate Republicans have opted for a two-bill strategy, with the first focusing on border security, energy independence, and defense. The second bill, expected later this year, will address more complex issues such as extending the 2017 tax cuts. Senate Majority Whip John Barrasso (R-WY) underscored the urgency of advancing the reconciliation process, noting that delays in the House have hindered progress on Trump’s domestic agenda. Senate Republicans are set to meet with President Trump at Mar-a-Lago to discuss their strategy and secure his support for moving forward with the plan, which would provide the financing necessary to actualize Trump’s border security and mass deportation policies.
Guantanamo Bay Begins Expansion to Detain Thousands of Migrants
On January 28th, President Trump announced plans to expand detention operations at Guantanamo Bay (GTMO) to house up to 30,000 migrants. The administration has begun implementing these plans, with the first group of 10 detainees—described as gang members and individuals with criminal records—arriving at GTMO’s high-security prison complex on February 4th. This notorious facility, previously used to detain suspected terrorists post-9/11, will now hold migrants deemed “high-priority criminal aliens.”
In addition to the prison complex, a tent city is being constructed across the bay to accommodate the majority of detainees. While initially framed as a facility for criminal migrants, the tent city is expected to house unauthorized immigrants without criminal records, significantly broadening the scope of those detained. Legal experts have raised concerns about transferring migrants from the interior of the U.S. to an extraterritorial detention site. Furthermore, the rights of detainees, including access to legal counsel and protections under U.S. law, remain uncertain.
Adding to the controversy, El Salvador’s president has proposed accepting detainees from the U.S., including non-Salvadorans and even U.S. citizens, in exchange for financial compensation to sustain its prison system. This proposal has sparked additional legal concerns, particularly regarding the constitutionality of transferring U.S. citizens abroad for detention.
Military Aircraft Deployed for Deportations Despite Diplomatic Tensions and High Costs
The second Trump administration has already conducted at least 10 deportation flights using military planes, returning over 700 migrants to countries including Guatemala, India, Ecuador, and Honduras. The use of military planes, which is more expensive than using commercial charter flights, has sparked diplomatic tensions with allied countries.
Colombia initially refused to allow U.S. military planes carrying deportees to land, prompting President Trump to threaten tariffs on Colombian exports. Similarly, India has criticized the treatment of deportees after a U.S. military flight transported 104 individuals in handcuffs and leg chains to Amritsar. Indian lawmakers protested the alleged mistreatment in parliament ahead of Prime Minister Narendra Modi’s visit to Washington, where immigration is expected to be a key topic of discussion.
Critics argue that the militarization of deportations reflects a broader shift in U.S. immigration policy under Trump’s second term. Human rights advocates have raised concerns about the treatment of deportees during these flights, including reports of restrictive conditions and inadequate access to basic needs. Meanwhile, the administration defends the practice as a necessary measure to enforce immigration laws and deter unauthorized migration.
Legal
Trump Administration Sues Illinois Chicago and Cook County Over Sanctuary Policies
On February 6th, the Trump administration filed a lawsuit in the U.S. District Court for the Northern District of Illinois against Chicago, Cook County, and the state of Illinois alleging that their sanctuary policies obstruct federal immigration enforcement efforts. The lawsuit targets state and local laws, including Chicago’s Welcoming City Ordinance, which restricts local officials from assisting federal immigration authorities or sharing information about individuals’ immigration status. Moreover, the lawsuit claims that state laws, such as the TRUST ACT, interfere with federal immigration law and inhibit the federal government’s enforcement efforts.
Federal prosecutors argue that these measures violate the Constitution’s Supremacy Clause by interfering with federal law and hindering the apprehension of undocumented immigrants, including individuals with criminal records. Local officials have defended their policies, emphasizing their focus on public safety and adherence to federal law. Governor JB Pritzker’s office responded in a statement that the “bipartisan Illinois TRUST Act, signed into law by a Republican governor, has always been compliant with federal law and still is today.”
Two days prior, on February 4th, Illinois Senate Republicans had introduced Senate Bill 1313, requiring state law enforcement to assist ICE in reporting and deporting undocumented immigrants charged with felonies. The proposed bill supports “targeted operations” to deport undocumented immigrants accused or convicted of felonies, and requires local law enforcement agencies in Illinois to take an “active role” in helping ICE.
State and Local
State and Federal Collaboration Expands Immigration Enforcement Amid Sanctuary City Crackdowns
Republican-led states are increasingly aligning with the Trump administration’s immigration enforcement agenda, implementing measures to expand their role in federal deportation efforts. Texas has taken a leading position, with Governor Greg Abbott signing a Memorandum of Understanding (MOU) granting Texas National Guard troops the authority to arrest and detain undocumented immigrants under the supervision of U.S. Customs and Border Protection (CBP). This agreement, part of Operation Lone Star, marks a significant expansion of state involvement in immigration enforcement, with Governor Abbott emphasizing its necessity to address federal immigration enforcement workforce shortages.
Tennessee recently passed legislation creating a state chief immigration enforcement officer and criminalizing local officials who support sanctuary city policies. The state also established a $5 million fund to support local governments cooperating with federal immigration enforcement. Advocates have raised constitutional concerns about these measures, with the ACLU of Tennessee preparing legal challenges.
Florida lawmakers have introduced the Tackling and Reforming Unlawful Migration Policy (TRUMP Act), which would establish a state immigration czar, increase penalties for crimes committed by undocumented immigrants, and eliminate in-state tuition rates for undocumented students. While Governor Ron DeSantis has criticized the bill as “weak” and proposed his own version, the legislation reflects broader efforts to align state policies with federal priorities.
Other states, including Missouri, Mississippi, and Nebraska, are pursuing measures such as empowering bounty hunters to detain undocumented immigrants, mandating E-Verify for employment verification, and penalizing businesses for hiring unauthorized workers. These efforts reflect a broader trend of Republican-led states stepping in to bolster federal immigration enforcement capacities both in anticipation of and in reaction to the Trump administration’s policies. Critics warn that these measures may lead to legal challenges and unintended consequences. Reports have already surfaced of U.S. citizens being mistakenly detained during heightened enforcement operations, raising concerns about due process violations.
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. 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) (2 cosponsors)
02/03/2025 Introduced by Sen. Scott
02/03/2025 Referred to the Committee on Banking, Housing, and Urban Affairs.
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-Delaware) (31cosponsors)
02/04/2025 Introduced by Sen. Coons
02/04/2025 Referred to the 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-Connecticut) (21 cosponsors)
02/06/2025 Introduced by Sen. Blumenthal
02/06/2025 Referred to the 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-Utah) (4 cosponsors)
02/06/2025 Introduced by Sen. Lee
02/06/2025 Referred to the Committee on the Judiciary
H.R.875
To amend the Immigration and Nationality Act to provide that aliens who have been convicted of or who have committed an offense for driving while intoxicated or impaired are inadmissible and deportable.
Sponsored by Rep. Barry Moore (R-AL-1) (20 cosponsors)
01/31//2025 Introduced by Rep. Moore
01/31/2025 Referred to the House Committee on the Judiciary.
H.R.871
To amend the Immigration and Nationality Act to modify the eligibility requirements for asylum.
Sponsored by Rep. Anna Paulina Luna (R-FL-13) (6 cosponsors)
01/31/2025 Introduced by Rep. Luna
01/31/2025 Referred to the House Committee on the Judiciary cosponsors)
H.R.864
To clarify the Federal Government’s jurisdiction over immigration law and policy.
Sponsored by Rep. Kevin Kiley (R-CA-3) (0 cosponsors)
01/31/2025 Introduced by Rep. Kiley
01/31/2025 Referred to the House Committee on the Judiciary
H.R.924
A bill to transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.
Sponsored by Rep. Judy Chu (D-California) (87 cosponsors)
02/04/2025 Introduced by Rep. Chu
02/04/2025 Referred to the Committee on the Judiciary, in addition to the Committees on Foreign Affairs, Homeland Security, and Intelligence
H.R.1050
To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes
Sponsored by Rep. Vern Buchanan, (R-Florida) (2 cosponsors)
02/06/2025 Introduced by Rep. Buchanan
02/06/2025 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-New York) (36 cosponsors)
02/06/2025 Introduced by Rep. Espaillat
02/06/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be in session from Monday, February 10th, through Thursday, February 13th.
UPCOMING HEARINGS AND MARKUPS
No immigration-related hearings or committee markups have been announced* for the week of Monday, February 10th.
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); Recent White House Actions on Immigration; Publicly Released February 4th, 2025
This report provides a brief overview of select executive actions and directives related to immigration that have been issued to date, including the suspension of entry at the southern border, border security, refugee admissions, immigration enforcement in the interior of the United States, public safety and national security, citizenship under the 14th Amendment of the U.S. Constitution, and other topics.
Congressional Research Service (CRS); FY2024 Immigration Court Data: Case Outcomes; Publicly Released February 3rd 2025
This report reviews immigration court outcomes for FY2024, including removal proceedings decisions, in absentia removal orders, and asylum application decisions. The report also includes useful figures showing the makeup of court outcomes for removal and asylum cases.
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:
Utilizing Foreign Born Talent to Address the Workforce Shortage
The U.S. heavy equipment industry is facing a severe labor shortage, projected to cost $2.2 billion annually, prompting calls for legislative reforms to address workforce needs. Proposed solutions include increasing the H-2B visa cap, creating a new visa category for non-degree positions, updating the Schedule A Occupation List, and expanding employment pathways for international students and Dreamers to attract skilled foreign-born workers and stabilize the industry.
Forum Analysis:
Advocacy Resources Landing Page
Follow this link for more information on key Forum advocacy efforts. You will be able to find additional background about issues and tools to contact your Senators and Representatives. For direct action links, visit our Advocacy Center page.
*As of publication (2/7/25 at 2PM 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.