DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
BILLS INTRODUCED AND CONSIDERED
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
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. This week, there is an additional section focused on executive actions.
Federal
Trump Administration Announces Drastic Immigration Changes, Setting Tone for Second Term
President Trump began his second term by issuing a series of executive orders aimed at overhauling U.S. immigration policy, signaling a return to hardline enforcement measures. Among the actions taken, Trump declared a national emergency at the U.S.-Mexico border, characterized unauthorized migration an “invasion” and suggested deploying military personnel to support border operations. The administration also suspended humanitarian parole programs, paused refugee resettlement indefinitely, and announced plans to end birthright citizenship for children born in the U.S. to noncitizen parents. These moves are part of a broader strategy to deter unauthorized migration and enforce stricter immigration controls, with officials describing the approach as being intended to create “shock and awe” among migrants and immigrant communities.
At the forefront of these efforts is a renewed focus on mass deportations, with the administration setting an ambitious goal of deporting 1 million unauthorized immigrants annually. To achieve this, Trump has rescinded Biden-era policies that limited enforcement in sensitive locations like schools and hospitals and expanded expedited removal procedures to bypass immigration courts for certain cases. Within hours of Trump’s inauguration, the CBP One mobile application had ceased functioning, leaving approximately 270,000 migrants waiting for appointments stranded. Additionally, the administration has ordered the revival of programs like the Migrant Protection Protocols (aka Remain in Mexico), requiring asylum seekers to wait outside the U.S. while their claims are processed. Critics have expressed concern that these measures could overwhelm an already backlogged immigration court system, which faces over 3.5 million pending cases, while also undermining due process protections for vulnerable populations.
The administration is also targeting sanctuary jurisdictions by expanding the 287(g) program, which allows local law enforcement to enforce federal immigration laws, and threatening to withhold federal funds from noncompliant states and cities. However, similar efforts during Trump’s first term faced legal challenges and were largely blocked by courts. The Department of Justice released a memo threatening local officials with criminal prosecution for refusing to carry out the Trump administration’s mass deportation agenda, which was described as “legally baseless and harmful to our communities” by the American Civil Liberties Union in a memo and public letter to Acting Attorney General James McHenry.
Experts note that implementing such sweeping changes will require significant appropriations from Congress, where bipartisan support for these measures remains uncertain. While these policies align with Trump’s campaign promises to prioritize enforcement over legal pathways or humanitarian protections, experts warn that these actions risk exacerbating tensions with immigrant communities, straining local resources, and creating unlawful barriers for individuals seeking asylum or other protections under U.S. law.
Laken Riley Passes Senate and Heads to Trump’s Desk; Democrats Begin to Push Back
The Laken Riley Act, a sweeping immigration enforcement bill, passed the Senate on Monday, January 20th, and now awaits Trump’s signature. In the Senate, the final vote was 64-35 with the support of 12 Democrats. By Wednesday, a group of moderate Senate Democrats, led by Senator Mark Kelly (D-AZ), was calling for a renewed bipartisan approach to immigration reform after the bill’s passage. In a letter to Senate Majority Leader John Thune (R-SD), the senators proposed working on comprehensive immigration legislation that balanced enforcement with protections for Dreamers and other vulnerable groups. Meanwhile, Budget Committee Chair Lindsey Graham (R-SC) suggested that Republicans plan to use budget reconciliation to bypass a filibuster and advance their border security measures without Democratic input. During the final House debate on Laken Riley Act, Representative Marjorie Taylor Greene (R-GA) delivered a fiery speech in support of the bill, calling for the construction of new prisons to detain undocumented immigrants and asserting that individuals who enter the country between ports of entry have no rights under U.S. law.
In response to the flurry of immigration-focused executive actions and announcements from the incipient second Trump administration, some House and Senate Democrats had re-introduced the Neighbors Not Enemies Act, which seeks to repeal outdated provisions of the Alien Enemies Act of 1798 and promote protections for immigrant communities. Similarly, at a Congressional Hispanic Caucus press conference, Democratic lawmakers emphasized their commitment to safeguarding immigrant rights and condemned the rhetoric surrounding the Laken Riley Act as divisive and demonstrably harmful.
Refugee Ban Goes into Effect Early and Afghans Left Stranded
On Monday, January 20, 2025, President Trump signed an executive order indefinitely suspending the U.S. Refugee Admissions Program (USRAP), with the suspension officially set to begin on January 27. However, refugee flights and travel plans were canceled immediately after the order was issued, stranding thousands of refugees worldwide, including many who had already undergone years of vetting and were preparing to travel to the United States. The executive order also suspended the innovative and successful Welcome Corps program, which was launched in 2023.
The executive order has also impacted Afghan allies, despite assurances that the Special Immigrant Visa (SIV) program would remain unaffected. Reports indicate that flights for more than 1,600 Afghan refugees, including some SIV recipients, have been canceled. These individuals, many of whom face significant threats from the Taliban due to their association with U.S. forces or human rights advocacy, are now left in dangerous and uncertain circumstances. Advocates warn that this decision jeopardizes lives and sends a troubling message to U.S. allies globally about the reliability of American commitments. While the long-term future of USRAP remains unclear, it is evident that no refugee arrivals will occur for at least the next three months under this suspension.
Executive Actions
Actions Announced as of 12:00PM EST January 24th, 2025:
Analyses and Resources:
- American Immigration Lawyers Association – Policy Brief: Trump Administration Day One Executive Orders
- American Immigration Council – After Day One: A High-Level Analysis of Trump’s First Executive Actions
- Immigrant Defense Project – Trumps Day 1 Orders: Focus on Criminalization and Detention
- Immigration Policy Tracking Project – Trump 2.0
BILLS INTRODUCED AND CONSIDERED
It has already become quite 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 polic
S.108
A bill to make members of the Chinese Communist Party and their family members ineligible for F or J visas
Sponsored by Sen. Eric Schmitt (R-Missouri) (0 cosponsors)
01/16/2025 Introduced in the Senate by Sen. Schmitt
01/16/2025 Referred to the Senate Committee on the Judiciary
S.112
A bill to amend section 235(b)(2)(C) of the Immigration and Nationality Act to require the implementation of the Migrant Protection Protocols
Sponsored by Sen. Marsha Blackburn (R-Tennessee) (9 cosponsors — 9 Republicans, 0 Democrats)
01/16/2025 Introduced in the Senate by Sen. Blackburn
01/16/2025 Referred to the Senate Committee on the Judiciary
S.114
A bill to provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, and to authorize appropriations to carry out the State Criminal Alien Assistance Program
Sponsored by Sen. Marsha Blackburn (R-Tennessee) (0 cosponsors)
01/16/2025 Introduced in the Senate by Sen. Blackburn
01/16/2025 Referred to the Senate Committee on the Judiciary
S.149
A bill to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft
Sponsored by Sen. John Cornyn (R-Texas) (0 cosponsors)
01/17/2025 Introduced in the Senate by Sen. Cornyn
01/17/2025 Referred to the Senate Committee on the Judiciary
S.158
A bill 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 Sen. Marsha Blackburn (R-Tennessee) (0 cosponsors)
01/21/2025 Introduced in the Senate by Sen. Blackburn
01/21/2025 Referred to the Senate Committee on the Judiciary
S.193
A bill to repeal the Alien Enemies Act
Sponsored by Sen. Mazie Hirono (D-Hawaii) (6 cosponsors – 0 Republicans, 6 Democrats)
01/22/2025 Introduced in the Senate by Sen. Hirono
01/22/2025 Referred to the Senate Committee on the Judiciary
S.200
A bill to amend the Immigration and Nationality Act to modify the eligibility requirements for asylum
Sponsored by Sen. Bernie Moreno (R-Ohio) (0 cosponsors)
01/23/2025 Introduced in the Senate by Sen. Moreno
01/23/2025 Referred to the Senate Committee on the Judiciary
S.225
A bill to amend the Immigration and Nationality Act to reform temporary protected status, and for other purposes
Sponsored by Sen. Jim Banks (R-Indiana) (2 cosponsors – 2 Republicans, 0 Democrats)
01/23/2025 Introduced in the Senate by Sen. Banks
01/23/2025 Referred to the Senate Committee on the Judiciary
H.R.460
To direct the Secretary of Homeland Security and Secretary of State to require aliens applying for certain visas to disclose if they receive funds from the Government of the People’s Republic of China or the Chinese Communist Party
Sponsored by Rep. Gregory Steube (R-Florida) (0 cosponsors)
01/15/2025 Introduced in the House by Rep. Steube
01/15/2025 Referred to the House Committee on the Judiciary
H.R.551
To amend section 235(b)(2)(C) of the Immigration and Nationality Act to require the implementation of the Migrant Protection Protocols
Sponsored by Rep. Roger Williams (R-Texas) (33 cosponsors – 33 Republicans, 0 Democrats)
01/16/2025 Introduced in the House by Rep. Williams
01/16/2025 Referred to the House Committee on the Judiciary
H.R.569
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth
Sponsored by Rep. Brian Babin (R-Texas) (41 cosponsors – 41 Republicans, 0 Democrats)
01/21/2025 Introduced in the House by Rep. Feenstra
01/21/2025 Referred to the House Committee on the Judiciary
H.R.578
To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person
Sponsored by Rep. Randy Feenstra (R-Iowa) (47 cosponsors – 47 Republicans, 0 Democrats)
01/21/2025 Introduced in the House by Rep. Feenstra
01/21/2025 Referred to the House Committee on the Judiciary
H.R.594
To amend the Immigration and Nationality Act to provide for the detention of certain aliens who commit assault against law enforcement officers
Sponsored by Rep. Jefferson Van Drew (R-New Jersey) (0 cosponsors)
01/21/2025 Introduced in the House by Rep. Van Drew
01/21/2025 Referred to the House Committee on the Judiciary
H.R.630
To repeal the Alien Enemies Act
Sponsored by Rep. Ilhan Omar (D-Minnesota) (41 cosponsors – Republicans, 0 Democrats)
01/22/2025 Introduced in the House by Rep. Omar
01/22/2025 Referred to the House Committee on the Judiciary
H.R.670
To amend the Immigration and Nationality Act to provide for a minimum number of refugees who may be admitted in any fiscal year after fiscal year 2026, and for other purposes
Sponsored by Rep. Gerald Connolly (D-Virginia) (10 cosponsors – 0 Republicans, 10 Democrats)
01/23/2025 Introduced in the House by Rep. Connolly
01/23/2025 Referred to the House Committee on the Judiciary
H.R.673
To transfer Homeland Security Investigations from U.S. Immigration and Customs Enforcement, redesignate U.S. Immigration and Customs Enforcement as U.S. Immigration Compliance Enforcement, and for other purposes
Sponsored by Rep. Robert Garcia (D-California) (0 cosponsors)
01/23/2025 Introduced in the House by Rep. Garcia
01/23/2025 Referred to the House Committees on Homeland Security, Ways and Means, and the Judiciary
H.R.696
To amend the Immigration and Nationality Act to reform temporary protected status, and for other purposes
Sponsored by Rep. Troy Nehls (R-Texas) (4 cosponsors – 4 Republicans, 0 Democrats)
01/23/2025 Introduced in the House by Rep. Nehls
01/23/2025 Referred to the House Committees on Homeland Security, Transportation and Infrastructure, and the Judiciary
H.R.698
To amend the Immigration and Nationality Act to permanently bar aliens who are ordered removed after failing to appear at a removal proceeding, absent exceptional circumstances, from becoming permanent residents of the United States
Sponsored by Rep. David Rouzier (R-North Carolina) (3 cosponsors – 3 Republicans, 0 Democrats)
01/23/2025 Introduced in the House by Rep. Rouzier
01/23/2025 Referred to the House Committee on the Judiciary
H.R.707
To amend the Immigration and Nationality Act to make unlawful voting an aggravated felony
Sponsored by Rep. Dale Strong (R-Alabama) (0 cosponsors)
01/23/2025 Introduced in the House by Rep. Strong
01/23/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session from Monday, January 27th, through Friday, January 31st. The House of Representatives is in recess until Tuesday, February 4th, for a district work period.
UPCOMING HEARINGS AND MARKUPS
There are no immigration-related hearings announced for the week of Monday, January 27th.
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): FY2024 EOIR Immigration Court Data: Caseloads and the Pending Cases Backlog; Publicly released January 24th, 2025
This report provides insight into the growing backlog of cases in US immigration courts, stating that, in the last three years, the Department of Justice’s Executive Office for Immigration Review (EOIR) has experienced a record number of cases. The report provides an overview of FY2024 EOIR data, including numbers of new cases received, asylum applications filed, IJ staffing, case completions, and pending cases.
Congressional Research Service (CRS): FEMA’s Support Role: Migration at the Southwest Border; Publicly released January 22nd, 2025
This report details FEMA’s incident management role in supporting the federal response to migration surges at the US Southern border. It also provides information on FEMA grant programs which have helped fund state and local governments, non-profits, and faith-based organizations supporting migrants released from DHS custody.
Congressional Research Service (CRS): Iraqi and Afghan Special Immigrant Visa Programs; Publicly released January 15th, 2025
This report examines US Special Immigrant Visa (SIV) programs for Afghan and Iraqi nationals who held specific jobs such as translators, interpreters, and US government employees. The report discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs since their inception, provides statistics on visa issuances, and considers program challenges.
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:
Trump’s Executive Actions Escalating Immigration Enforcement and Mass Deportation
The new administration is prioritizing immigration enforcement across federal agencies including the Department of Homeland Security and the Department of Defense. New enforcement policies and priorities include revoking Biden-era executive actions, expanding expedited removal processes, and increasing detention capabilities to support large-scale mass deportation efforts.
U.S. Southern Border: President Trump’s Executive Actions on Border Security
President Trump implemented four executive actions to close the U.S. southern border to migrants, including those requesting asylum and humanitarian protection. The actions may counterintuitively increase pressure along the southern border, driving migrants to attempt to cross between ports of entry and evade detection, due to personnel shortfalls and limited immigration detention capacity.
Summary of President Trump’s Executive Order on the U.S. Refugee Program
On January 20th, President Trump signed an executive order suspending the U.S. Refugee Admissions Program (USRAP) starting January 27, 2025. The suspension, effective January 22, will last at least 90 days, with a possible extension, and mandates a review by the Secretaries of Homeland Security and State to assess if refugee resettlement aligns with national interests.
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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 for additional items to be included. Nicci can be reached at nmattey@immigrationforum.org. Thank you.