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.
Federal
Trump Administration Intensifies Immigration Crackdown with Arrest Quotas and Policy Suspensions
The Trump administration has directed Immigration and Customs Enforcement (ICE) to meet daily arrest quotas of 1,200 to 1,500 individuals as part of its mass deportation strategy. Senate Democratic Whip Dick Durbin (D-IL) criticized the quotas, stating they would lead to the detention of essential workers, family members of U.S. citizens, and others who pose no threat to public safety. Experts warn that such quotas could overwhelm ICE detention facilities and result in due process violations as individuals are detained without adequate legal review.
These actions are part of a broader effort to reshape immigration policy through aggressive enforcement and restrictions on legal pathways. The administration has suspended the U.S. Refugee Admissions Program, leaving over 22,000 vetted refugees stranded, and halted humanitarian parole programs, disrupting pathways for Afghans, Ukrainians, and others. Approximately 240,000 Ukrainians admitted under Uniting for Ukraine and over 70,000 Afghan evacuees now face uncertainty about their legal status in the U.S.
Additionally, Acting Homeland Security Secretary Benjamine Huffman has authorized ICE agents to terminate ongoing removal proceedings or active parole statuses and apply expedited removal where deemed necessary. Parole-based programs for Cubans, Haitians, Nicaraguans, Venezuelans, and Central American youth have also been suspended. Advocates argue these measures jeopardize the safety of individuals fleeing persecution and destabilize industries reliant on immigrant labor. Legal scholars caution that further restrictions, including efforts to end birthright citizenship and impose country-specific immigration bans, could face significant legal challenges as debates intensify in Congress.
Unprecedented Expansion of Detention Facilities for Migrants Faces Few Remaining Hurdles
President Trump announced on Wednesday, January 28th, that he plans to sign an executive order directing the Pentagon and DHS to prepare Guantanamo Bay as a detention facility for what he described as “the worst criminal illegal aliens.” While the base has historically been used for screening asylum-seekers intercepted at sea, the president’s plan would significantly expand its capacity, though questions remain about the logistics, legality, and accuracy of his claim that 30,000 beds are available. Experts have also raised concerns about the potential for indefinite detention and inhumane conditions at a site infamous for past allegations of abuse.
The expansion of Guantanamo Bay is part of a broader effort to increase detention capacity within the continental U.S. In addition to Guantanamo, the administration has identified military bases, including Buckley Space Force Base in Colorado, as potential sites for detaining immigrants. The announcement of these plans occurred in the context of Trump’s signing of the Laken Riley Act, which mandates detention for undocumented immigrants charged with certain crimes.
The final hurdle for funding this expansion lies in Congress. Senate Republicans have indicated they will use budget reconciliation to bypass a potential Democratic filibuster and secure appropriations for detention facilities and other mass deportation-related priorities. However, opposition from Senate Democrats and logistical challenges and costs associated with facilities like Guantanamo continue to raise questions about the feasibility and ethical implications of the expansion of detention to accommodate mass numbers of migrants from the interior of the U.S.
TPS for Venezuela in Jeopardy
The Trump administration revoked the Temporary Protected Status (TPS) extension for Venezuelans, a move that could strip deportation protections and work permits from approximately 600,000 individuals. Homeland Security Secretary Kristi Noem announced the decision on January 28th, reversing an 18-month extension granted by the Biden administration in its final days. Under the new policy, TPS designations for Venezuelans will now expire in April or September 2025, depending on when individuals first received the status. The decision has left many Venezuelan migrants in the United States facing uncertainty and fear of deportation.
TPS was initially granted to Venezuelans in 2021 due to the severe humanitarian crisis under Nicolás Maduro’s regime, which has caused over 7 million people to flee the country. Advocates warn that terminating these protections will destabilize families and communities, as many TPS recipients have built lives in the U.S. Moreover, the decision disregards the ongoing dangers in Venezuela, where political repression, food shortages, and economic collapse persist. While DHS has indicated that current TPS holders will retain their protections until their expiration dates, no new applications or renewals will be processed. Some legislators are urging the administration to reconsider its stance, emphasizing that TPS recipients undergo rigorous background checks.
Executive Actions Relevant to Immigration*
Analyses and Resources:
- Forum Analysis: President Trump’s Executive Actions Relating to Immigration Enforcement and Mass Deportation
- Forum Analysis: President Trump’s Executive Actions on Border Security
- Forum Analysis: President Trump’s Executive Order on the U.S. Refugee Program
- Immigration Policy Tracking Project – Trump 2.0
- American Immigration Lawyers Association – Policy Brief: Trump Administration Day One Executive Orders
Legal
Fifth Circuit Finds DACA to be Unlawful in Narrow Ruling, Maintains Status Quo
On January 17, the U.S. Court of Appeals for the Fifth Circuit ruled against Deferred Action for Childhood Arrivals (DACA) as currently constructed. The ruling partially upheld an earlier decision from U.S. District Judge Andrew Hanen that DACA is unlawful. The ruling kept in place a stay that allows current DACA recipients to continue to submit renewals, maintaining the status quo for the moment.
The ruling, however, narrowed the injunction to be limited only to Texas and only to the work authorization component of DACA. The Fifth Circuit held that the nationwide injunction – which prevents initial DACA applications – was too broad and should be limited to Texas, the only state that provided evidence to prove injury. The court also held that the work authorization component of DACA could be “severed” from the program’s protections from deportation. In effect, DACA protections from deportation could survive even if the work authorization is found to be unlawful.
While the status quo remains in place, the next steps are unclear. The Fifth Circuit remanded the case back to the district court to consider the Fifth Circuit’s ruling. The case could also be appealed, likely landing before the Supreme Court.
State and Local
Oklahoma Board of Education Rule on Immigration Status Sparks Concern Among Immigrant Communities
On Tuesday, January 28th, the Oklahoma State Board of Education unanimously approved a rule requiring parents to provide proof of their child’s U.S. citizenship or legal immigration status when enrolling in public schools. The rule mandates schools to collect and report the number of students without documentation to the Oklahoma State Department of Education, excluding personally identifiable information. The rule does not affect lawful permanent residents and does not bar undocumented children from attending school. Nevertheless, critics argue it could deter immigrant families from enrolling their children due to fear of targeting or deportation.
State Superintendent Ryan Walters defended the measure as a necessary step to track the financial impact of undocumented students on Oklahoma’s education system, claiming they cost the state $474 million annually. Walters also voiced his support for federal immigration enforcement in schools, aligning with recent Trump administration policies that allow Immigration and Customs Enforcement (ICE) agents to conduct arrests in previously protected areas including schools. Critics, including educators and civil rights groups, argue that the rule could deter immigrant families from enrolling their children, violating the Supreme Court’s 1982 Plyler v. Doe decision, which guarantees all children access to public education regardless of immigration status. State Representative Arturo Alonso-Sandoval (D-Oklahoma City) noted that parents are questioning whether to withdraw their children from school altogether. Meanwhile, Oklahoma City Public Schools Superintendent Jamie Polk reassured families that the district will not collect immigration status information and emphasized its commitment to providing education for all students
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. 286
A bill to establish vetting standards for the placement of unaccompanied alien children with sponsors, and for other purposes.
Sponsored by Sen. Rick Scot (R-Florida) (1 Cosponsor)
01/28/2025 Introduced by Sen. Scott
01/28/25 Referred to the Senate Committee on the Judiciary
A bill 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. Lindsey Graham (R-South Carolina) (2 Cosponsors)
01/29/2025 Introduced in the Senate by Rep. Graham
01/29/25 referred to the House Committee on the Judiciary
A bill to amend the Immigration and Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed
Sponsored by Rep. Stephanie Bice (R-Oklahoma) (3 Cosponsors)
01/28/2025 Introduced in the House by Rep. Stephanie Bice
01/28/2025 Referred to the House Committee on the Judiciary
A bill to amend section 287(g) of the Immigration and Nationality Act to clarify congressional intent with respect to agreements under such section
Sponsored by Rep. Michael Cloud (R-Texas) (7 cosponsors)
01/28/2025 Introduced to the House by Rep. Cloud
01/28/2025 Referred to the House Committee on the Judiciary
A bill to amend the Immigration and Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed
Sponsored by Sen. Ted Cruz (R-Texas) (7 cosponsors)
1/28/2025 Introduced by Sen. Cruz
1/28/25 Referred to Senate Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session from Monday, February 2nd, through Friday, February 7th, while the U.S. House of Representatives will be in session from Tuesday, February 3rd, through Friday, February 7th.
UPCOMING HEARINGS AND MARKUPS
No immigration-related hearings have been announced* for the week of Monday, February 3rd.
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); Mexico: Political Overview and U.S.-Mexican Relations; Publicly Released January 30th, 2025
This report provides an overview of potential challenges to the future of US-Mexico relations, including the implications of President Trump’s Executive Orders of trade, migration, and security that could strain the relationship between the US and Mexico.
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.
President Trump signed several executive actions on January 20th related to immigration enforcement and mass deportation, including declaring a national emergency at the southern border. Newly announced federal 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.
Forum Analysis: 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.
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*As of publication (1/31/25 at 3PM 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.