Welcome to the National Immigration Forum‘s weekly bulletin! Every Friday, our policy team rounds up key developments around immigration policy in Washington and across the country. The bulletin includes items on the legislative, executive, and judicial branches, as well as some coverage at the state and local levels.
DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
BILLS INTRODUCED AND CONSIDERED
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
Immigration policy is a dynamic field subject to constant change. Here, we summarize some of the most important recent developments in immigration policy on the federal, legal, state, and local levels.
Federal
The Laken Riley Act Passes the House and Advances in the Senate
On January 7th, the U.S. House of Representatives overwhelmingly passed the Laken Riley Act (H.R. 29) for the second time. Named after a nursing student who was murdered on the University of Georgia’s campus last year, the bill expands the list of charges that could lead to the detention and deportation of undocumented immigrants to include burglary, theft, larceny, and shoplifting. Law enforcement leaders warn that this could strain law enforcement resources and prioritize low-level offenders over those posing greater threats while also raising concerns about potential abuse and profiling.
Of particular concern to legal experts, the legislation also allows state attorneys general to sue federal officials, including the Secretary of the Department of Homeland Security, if an undocumented immigrant released into the U.S. commits crimes harming residents of a state, undermining federal authority over immigration policy. Framed by Republicans as a common-sense public safety measure, it received bipartisan support, with 48 Democrats joining Republicans in favor, which was heralded by some as part of a broader Democratic shift on immigration policy. On January 9th, the Senate voted 84 to 9 to move the legislation forward, with 31 Democrats joining all voting Republicans to pass the 60-vote requirement to start debate. Senators will convene and resume consideration of the motion to proceed to S.5, the Laken Riley Act, on Monday, January 13th.
Budget Reconciliation: Immigration Provisions at Heart of Negotiations
House Speaker Mike Johnson (R-LA-4) continued to push for a single comprehensive reconciliation bill that would combine border security, tax cuts, energy initiatives, and other priorities into one package. However, Senate Republicans, led by Majority Leader John Thune (R-SD) and Sen. Lindsey Graham (R-SC), favor splitting the agenda into two bills: one focused on border security and energy, and another on tax policy. President-elect Trump, who initially favored the comprehensive approach, has signaled openness to the two-bill strategy if it ensures swift progress on his sweeping legislative agenda, including border security and immigration policy. The debate underscores the challenges of navigating narrow Republican majorities in both chambers and adhering to budget reconciliation rules, which limit provisions to those with direct budgetary impact.
Immigration policy is at the heart of much of the budget negotiations, particularly President-elect Trump’s plans for mass deportations and increased border enforcement. U.S. Immigration and Customs Enforcement (ICE) faces a $230 million budget shortfall despite its $8.7 billion annual allocation, complicating efforts to expand detention capacity and deportations. While reconciliation could allocate funding for measures like constructing a border wall or hiring more agents, broader immigration reforms, such as proposed changes to asylum policies or visa eligibility, are unlikely to qualify under reconciliation rules due to their non-budgetary focus. This limitation forces Republicans to prioritize spending provisions that can pass procedural scrutiny while sidelining regulatory changes. Senate Republicans have emphasized the importance of adhering to these constraints, with Majority Leader Thune cautioning against overruling the Senate parliamentarian. As Republicans weigh their options, the outcome of this debate will shape not only soon-to-be President Trump’s immigration agenda but also broader legislative priorities for his administration.
DHS Announces Extension of TPS for El Salvador
The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for El Salvador for 18 months, from March 10, 2025, to September 9, 2026. The extension allows approximately 234,000 current beneficiaries to re-register for TPS, if they continue to meet eligibility requirements, due to ongoing environmental disasters in El Salvador. The extension follows previous extensions and redesignations of TPS for other at-risk countries by the Biden administration. TPS now covers about 1 million people from 17 countries, including El Salvador, which was initially granted TPS in 2001 after earthquakes. TPS recipients face an uncertain future under the incoming Trump’s administration, which may choose to let existing TPS designations lapse or take steps affirmatively revoke TPS for individuals who currently have protections.
Dreamers’ Future Remain in Limbo
As the incoming Trump administration prepares to implement its promise of mass deportations, immigrant communities across the country are bracing for significant upheaval. Deferred Action for Childhood Arrivals (DACA) recipients, or “Dreamers,” are among those most vulnerable, with many making contingency plans in the face of mounting uncertainty. Oscar Silva, a 24-year-old DACA recipient and recent graduate of the University of North Texas, has delayed entering the workforce by enrolling in a master’s program, hoping Congress will act to provide legal protections for Dreamers. However, legislative progress remains stalled, leaving thousands like Silva in limbo as they face the potential loss of their ability to live and work in the United States legally.
The fear of deportation is reverberating through immigrant communities and institutions. In Chicago, a church that previously served as a community space for immigrants has ceased hosting in-person Spanish services due to heightened fears of ICE raids, and some families now rely on virtual services to avoid public exposure. Similarly, school districts nationwide are preparing for potential ICE actions at schools, including by implementing protocols to protect undocumented students and educate families about their rights. Despite these efforts, attendance has dropped in some areas as parents fear exposing their children to immigration authorities.
Legal
Immigration Court Backlogs Persist into 2025
The U.S. immigration court system continues to face a staggering backlog of approximately 3.6 million cases, including 1.7 million asylum applications, as of January 2025. While fiscal year (FY) 2024 saw record productivity—with more than 914,000 cases closed, a 36% increase from FY 2023—the backlog remains a significant challenge. Immigration judges issued removal or voluntary departure orders in 45.4% of completed cases as of November 2024, the highest rate since FY 2020. Despite these gains, systemic inefficiencies and increased enforcement actions have compounded delays, creating substantial obstacles for the incoming Trump administration’s mass deportation plans.
The Executive Office for Immigration Review (EOIR) requested additional funding for FY 2025 to hire more immigration judges and support staff in an effort to reduce the backlog. Advocates warn that without structural reforms to streamline case processing and ensure due process protections, the backlog will continue to grow, undermining both efficiency and fairness in the immigration system. As the Trump administration prepares to ramp up deportations, these persistent delays highlight the urgent need for sustainable solutions to address the strain on immigration courts while maintaining justice for those navigating the system.
State & Local
Cities Across California Prepare for Anticipated Immigration Actions
Local officials and law enforcement in California are grappling with the tension between federal immigration enforcement demands and their responsibilities to their communities. In San Diego, the County Board of Supervisors has implemented new policies requiring federal agents to obtain judicial warrants before transferring individuals from local jails to ICE custody. The policies also prohibit investigative interviews by immigration officials in jails and bar the use of county resources for immigration enforcement. However, County Sheriff Kelly Martinez has publicly stated her intent to defy these measures, citing state law that permits limited cooperation with ICE.
Researchers at U.C. San Diego found that increased cooperation with ICE may discourage immigrants from reporting crimes or accessing public services, ultimately undermining public safety, but these challenges are not unique to San Diego. Across California, cities like Los Angeles are strengthening sanctuary policies, and, in the Central Valley, agricultural producers are bracing for impacts on workers, who may be less likely to report rights violations and may have their families torn apart. Law enforcement officials are navigating the practical and ethical implications of enforcing policies that could strain relationships with immigrant communities.
BILLS INTRODUCED AND CONSIDERED
H.R. 29
Laken Riley Act
This bill requires the Department of Homeland Security (DHS) to detain undocumented immigrants who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. This is a companion bill of S.5.
Sponsored by Representative Mike Collins (R-Georgia) (54 cosponsors — 53 Republicans, 1 Democrat)
01/03/2025 Introduced in the House by Representative Mike Collins
01/03/2025 Referred to the House Committee on the Judiciary
01/07/2024 Passed the House with a 264-159 vote
H.R. 30
To amend the Immigration and Nationality Act to provide that aliens who have been convicted of or who have committed sex offenses or domestic violence are inadmissible and deportable
Sponsored by Representative Nancy Mace (R-South Carolina) (18 cosponsors — 18 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Nancy Mace
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 32
To provide that sanctuary jurisdictions that provide benefits to aliens who are present in the United States without lawful status under the immigration laws are ineligible for Federal funds intended to benefit such aliens
Sponsored by Representative Nicky LaLota (R-New York) (5 cosponsors — 5 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Nicky LaLota
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 35
To impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle
Sponsored by Representative Juan Ciscomani (R-Arizona) (21 cosponsors — 21 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Juan Ciscomani
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 58
To amend the Immigration and Nationality Act to make voting in a federal election by an unlawfully present alien an aggravated felony
Sponsored by Representative Andy Biggs (R-Arizona) (1 cosponsor — 1 Republican, 0 Democrats)
01/03/2025 Introduced in the House by Representative Andy Biggs
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 64
To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses
Sponsored by Representative Andy Biggs (R-Arizona) (1 cosponsor — 1 Republican, 0 Democrats)
01/03/2025 Introduced in the House by Representative Andy Biggs
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 116
To close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the United States unlawfully
Sponsored by Representative Andy Biggs (R-Arizona) (0 cosponsors)
01/03/2025 Introduced in the House by Representative Andy Biggs
01/03/2025 Referred to the House Committee on Foreign Affairs and the Judiciary
H.R. 134
To amend the Immigration and Nationality Act to provide for the detention, inadmissibility, and removal of aliens who commit sexual assault
Sponsored by Representative Vern Buchanan (R-Florida) (6 cosponsors — 6 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Vern Buchanan
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 174
To amend the Immigration and Nationality Act to provide that aliens who have been convicted of or who have committed Social Security fraud are inadmissible and deportable
Sponsored by Representative Tom McClintock (R-California) (12 cosponsors — 12 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Tom McClintock
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 175
To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs
Sponsored by Representative Tom McClintock (R-California) (9 cosponsors — 12 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Tom McClintock
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 176
To amend the Immigration and Nationality Act with respect to aliens who carried out, participated in, planned, financed, supported, or otherwise facilitated the attacks against Israel
Sponsored by Representative Tom McClintock (R-California) (12 cosponsors — 12 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Tom McClintock
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 190
To provide for expedited removal of certain illegal aliens
Sponsored by Representative Andrew Ogles (R-Tennessee) (5 cosponsors — 5 Republicans, 0 Democrats)
01/03/2025 Introduced in the House by Representative Andrew Ogles
01/03/2025 Referred to the House Committee on the Judiciary
H.R. 203
To withhold Federal highway funds from States that provide driver’s licenses or identification cards to aliens who are unlawfully present in the United States
Sponsored by Representative Claudia Tenney (R-New York) (0 cosponsors)
01/03/2025 Introduced in the House by Representative Claudia Tenney
01/03/2025 Referred to the House Committee on Transportation and Infrastructure
LEGISLATIVE FLOOR CALENDAR
The US Senate will be in session the week of Monday, January 13.
The US House of Representatives will be in session from Monday, January 13, through Thursday, January 16.
UPCOMING HEARINGS AND MARKUPS
Nomination of the Honorable Kristi Noem to be Secretary, U.S. Department of Homeland Security
Date: Wednesday, January 15, 2025, at 9:00 am EST (Senate Committee on Homeland Security and Governmental Affairs)
Location: 342 Dirksen Senate Office Building, Washington, D.C.
Witness: Kristi Noem
Nomination of the Honorable Marco Rubio to be Secretary, U.S. Department of State
Date: Wednesday, January 15, 2025, at 10:00 am EST (Senate Committee on Foreign Relations)
Location: 419 Dirksen Senate Office Building, Washington, D.C.
Witness: Marco Rubio
GOVERNMENT REPORTS
Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman); Translations Now Available for Case Assistance Request Tip Sheets; January 7, 2024
The CIS Ombudsman Office translated into six languages the following two tip sheets that explain when to submit a case assistance request: The Case Inquiry Date Tip Sheet and the Types of Cases the CIS Ombudsman Can and Cannot Help With Tip Sheet.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
The Myths and Truths of Noncitizen Voting in the United States
Noncitizens have been barred from voting in federal elections since 1924. This blog post explains the history of restrictions on noncitizen voting in the United States.
Q&A: Birthright Citizenship
Proposals to narrow birthright citizenship fly in the face of more than 125 years of common practice going back to the judicial interpretation of the 14th Amendment — and beyond that to the nation’s founding.
Mass Deportation in the U.S.: Explainer
Going far beyond current policies prioritizing the identification and removal of those with criminal records and/or public safety threats, a sweeping large-scale removal operation would require an enormous mobilization of resources and the execution of wide-ranging enforcement actions across the country, including mass raids and sprawling detention camps.
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*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.