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
Immigration Detention Numbers at Record High, Show Increase in Enforcement
Immigration and Customs Enforcement (ICE) is holding a record 59,000 detainees in detention facilities across the country as of June 23, representing the highest immigration detention population in U.S. history and operating at over 140 percent of the agency’s congressionally funded capacity of 41,500 beds. The large number of detainees has created overcrowding conditions at detention facilities nationwide, with detainees forced to sleep on floors and reporting inadequate access to water and medical care. ICE internal data reveals that nearly half of those currently detained lack any criminal record, while fewer than 30 percent have been convicted of crimes, a significant departure from the administration’s campaign promises to prioritize the removal of dangerous criminals.
Following directives from White House Deputy Chief of Staff Stephen Miller in late May, ICE agents have dramatically expanded street-level enforcement operations, with 79 percent of weekly non-custodial arrests now involving people with no criminal convictions. Over the past five months, ICE has arrested only a small proportion of the known violent offenders in its non-detained docket. ICE frequently classifies individuals with pending criminal charges as “criminals” in its statistics, even though many of these charges are ultimately dismissed or may be related to immigration violations, and the individuals have not been convicted of any offense.
DHS Announces Termination of Temporary Protected Status for Haiti
The Department of Homeland Security announced on June 27, 2025, the termination of Temporary Protected Status for Haiti, affecting approximately half a million Haitian nationals currently residing in the United States. The TPS designation will expire on August 3, with the termination taking effect on September 2. Secretary Kristi Noem determined that conditions in Haiti “no longer meet the TPS statutory requirements” and that “the environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” despite the State Department’s continued warning against travel to Haiti due to kidnapping, crime, civil unrest, and limited healthcare. The administration is encouraging affected Haitians to use the CBP Home app to arrange their departure, offering plane tickets and a $1,000 exit bonus.
Administration Reportedly Plans to Dismiss Hundreds of Thousands of Asylum Cases
The Trump administration is planning to dismiss asylum claims for potentially hundreds of thousands of migrants currently in the U.S., according to CNN reporting. The plan targets individuals who entered the U.S. unlawfully and subsequently applied for asylum, with their applications set to be dismissed and the applicants placed into expedited removal proceedings that allow deportation without a hearing before an immigration judge. This policy change could affect at least 250,000 people, as federal data shows that approximately 25 percent of asylum seekers over the past decade have self-reported entering the country unlawfully. As of December 2024, there were approximately 1.45 million pending affirmative asylum applications with U.S. Citizenship and Immigration Services (USCIS).
The administration has fundamentally shifted USCIS’s traditional role from processing immigration benefits into tighter enforcement. Immigration experts argue that dismissing asylum applications for individuals who entered unlawfully likely violates the Refugee Act of 1980, which explicitly states that unauthorized entry does not disqualify someone from seeking asylum protection. Moreover, legal advocates warn that the policy represents an unconstitutional denial of due process rights and could create a chilling effect that deters legitimate asylum seekers from pursuing protection.
Administration Expands National Defense Areas Along Southern Border, Records First Convictions
On June 25, Pentagon officials announced the creation of two new National Defense Areas (NDAs) along the U.S.-Mexico border, where military personnel will be able to temporarily detain migrants for trespassing on military property before transferring them to federal law enforcement for prosecution. The newly announced NDAs cover 250 miles along the Rio Grande River, linked to the Air Force Joint Base in San Antonio, Texas, and 100 miles near Marine Corps Air Station (MCAS) in Yuma, Arizona. This brings the total number of NDAs to four, following similar declarations in April near El Paso, Texas, and parts of New Mexico. These areas “effectively bypass” the Posse Comitatus Act, which restricts military personnel’s involvement in civilian law enforcement. General Gregory Guillot has defended the use of NDAs, claiming they enhance “effectiveness in denying illegal activity,” with more than 1,400 immigrants charged with incursions since the zones were established.
The expansion comes as the administration has begun securing its first convictions under the NDA program, a significant development after federal courts initially dismissed these cases due to procedural and evidentiary concerns. A federal judge in New Mexico dismissed 100 prosecutions in mid-May due to insufficient evidence, while other federal courts raised concerns about inadequate signage marking the military zones and due process violations that led to similar dismissals. However, the U.S. Attorney for New Mexico announced two successful trespassing convictions on June 19 for individuals previously apprehended in the New Mexico NDA, while another conviction was secured against an Ecuadorian man in the El Paso NDA.
Department of Labor Creates “Office of Immigration Policy” to Streamline Work Visas
The Department of Labor established a new Office of Immigration Policy to streamline the complex process of hiring foreign workers for agricultural and other seasonal jobs, according to an internal memo from Secretary Lori Chavez-DeRemer. The office, which will report directly to the secretary, is designed to serve as a “one-stop shop” for employers navigating the complex process that currently requires applications to pass through the Departments of Labor, Homeland Security, State, and Agriculture. Chavez-DeRemer previewed the initiative at the Western Governors’ Association meeting on June 24, describing it as an “emergency agency” within her office that will process work permits “on the spot” and feature a live dashboard to track application progress. Governors from both parties have expressed support for streamlining these programs, with Utah Governor Spencer Cox noting that “none of the Americans I know want to do some of these jobs” and North Dakota Governor Kelly Armstrong observing that obtaining H-2A workers has become significantly more difficult despite no changes to the underlying law.
The creation of this office comes amid tensions between the Trump administration and the agricultural sector, which has faced renewed immigration raids at farms and processing plants despite previous assurances – which were later taken back – that such enforcement would decrease due to worker shortage concerns. Agricultural employers continue to highlight the importance of H-2A workers to their operations and increasingly report migrant workers avoid workplaces out of fear of enforcement actions. Recent enforcement actions have caused disruptions that threaten food production and supply chains, prompting calls from industry leaders for more reasonable immigration policies that balance enforcement with the need to maintain a stable workforce.
Legal
Supreme Court Rules on Nationwide Injunctions in Birthright Citizenship Case
On June 27, the Supreme Court partially stayed nationwide injunctions that prevented the Trump administration’s executive order on birthright citizenship from taking effect, ruling 6-3 that individual federal judges lack the authority to issue nationwide injunctions in most cases. The decision was heralded as a significant victory for President Trump, who has repeatedly criticized individual judges for blocking his policies nationwide. The Supreme Court did not rule on the underlying constitutionality of birthright citizenship itself. Justice Amy Coney Barrett’s majority opinion concluded that judges should generally limit their injunctions to the parties directly involved in litigation rather than extending relief nationwide, though the court left open the possibility that broader injunctions might still be permissible when necessary to provide “complete relief” to certain plaintiffs, particularly state governments.
The ruling creates uncertainty for families across the U.S., as President Trump’s January 20 executive order, which would deny citizenship to children born in the U.S. to parents who are in the country illegally or on temporary visas. It could potentially take effect in the 28 states that have not challenged the measure. The Supreme Court said in its opinion that the executive order will not go into effect for 30 days, potentially opening the door for additional challenges. Justice Barrett explicitly noted that lower courts must determine whether narrower injunctions are appropriate and suggested that opponents could still seek class-action status to obtain relief similar to a nationwide injunction. The Supreme Court’s ruling did not address the underlying constitutionality of the executive order. The 14th Amendment’s guarantee that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” remains unchanged, and multiple lower courts have consistently ruled that Trump’s order is “blatantly unconstitutional.”
The Court’s decision fundamentally reshapes the landscape of federal litigation by curtailing a powerful judicial tool that has been used frequently in recent years to block policies from both Democratic and Republican administrations. The three dissenting justices warned that the majority’s decision creates “an open invitation for the government to bypass the Constitution” by allowing potentially unconstitutional policies to be enforced against individuals who have not yet filed lawsuits.
Supreme Court Allows Third Country Removals to Resume
On June 23, the Supreme Court allowed the Trump administration to resume deporting migrants to countries other than their own without providing advance notice or an opportunity to contest their removal. The unsigned order paused U.S. District Judge Brian Murphy’s preliminary injunction while the government pursues an appeal, clearing the way for expedited removals to potentially dozens of nations worldwide. Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, issued a scathing dissent accusing the majority of “rewarding lawlessness” and allowing the government to “deport anyone anywhere without notice or an opportunity to be heard.”
The Supreme Court’s decision comes as the administration has launched an unprecedented global campaign to secure agreements with at least 58 countries to accept deportees who are not their citizens. According to diplomatic cables and government documents, U.S. officials have approached nations ranging from war-torn Ukraine and Libya to authoritarian Turkmenistan and Cambodia, offering financial incentives and diplomatic favors in exchange for accepting expelled migrants. Seven countries have already agreed to participate.
The administration’s deportation strategy has created significant tensions with the federal judiciary, culminating in an extraordinary lawsuit filed on June 24 against all 15 federal judges in Maryland’s district court over an order that automatically blocks deportations for two business days when immigrants file habeas corpus petitions challenging their detention. The Justice Department argues this automatic pause violates Supreme Court precedent and impedes presidential authority to enforce immigration laws. Combined, the effect of the Supreme Court’s ruling and the administration’s ongoing legal challenges to judicial oversight creates a framework for rapid deportations with minimal court intervention.
State and Local
Federal Funds Approved for Construction of “Alligator Alcatraz” in Florida Everglades
The Trump administration approved federal funding for the construction of a controversial immigration detention facility in Florida’s Everglades, dubbed “Alligator Alcatraz” by state officials. Located at a remote airfield along the eastern boundary of the Big Cypress National Preserve, the facility is designed to house up to 5,000 detainees in tents and is expected to cost approximately $450 million annually with potential reimbursement from the Federal Emergency Management Agency (FEMA). Florida Governor Ron DeSantis seized the 39-square-mile site from Miami-Dade County under emergency powers. The facility’s 11,000-foot runway will accommodate large aircraft transporting detainees from across the country, while the surrounding wetlands and dense vegetation will reportedly serve as natural barriers to escape.
Construction crews began preparing the site in late June, with the facility scheduled to open in early July during Florida’s peak summer heat. One hundred Florida National Guard troops have been deployed to provide security for the facility, with additional personnel expected as the detainee population grows. Florida Attorney General James Uthmeier defended the project’s harsh conditions, stating that the swamp location ensures “there’s no way in and no way out” and that escapees would face “pythons and alligators.”
Miami-Dade Mayor Daniella Levine Cava has expressed significant concerns about the facility’s potential impact on Everglades restoration efforts, noting that billions of dollars in federal and state investments could be undermined. Critics argue that housing thousands of detainees in tents during hurricane season without adequate infrastructure amounts to inhumane treatment designed to “enact suffering.”
Governor Abbott Signs Law Mandating 287(g) Immigration Partnerships for Most Counties in Texas
Texas Governor Greg Abbott signed Senate Bill (S.B.) 8 into law, requiring sheriffs in approximately 234 of the state’s 254 counties to enter into 287(g) agreements with Immigration and Customs Enforcement (ICE). The legislation mandates that counties with populations over 100,000 participate in the 287(g) program, which administration officials have described as a “force multiplier” for its immigration enforcement efforts. Through a tiered grant program, the bill provides financial assistance ranging from $80,000 to $140,000 to participating counties based on population size, while prohibiting counties from reducing their sheriff’s office budgets in response to receiving these grants. Effective January 1, 2026, the law allows sheriffs to select from three types of 287(g) agreements, including the Task Force Model, which permits officers to enforce immigration laws during routine patrol duties. This model had been discontinued due to concerns about racial profiling but was recently reinstated by the Trump administration. Texas has 106 active 287(g) agreements with ICE as of June 27, making it the state with the second-highest number nationwide, following Florida, which leads with 310 active agreements.
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.2200
Border Patrol Recruitment Enhancement Act
The bill would allow U.S. Customs and Border Protection to waive the polygraph requirement for certain pre-vetted applicants who currently serve or have previously served in law enforcement or the military. The legislation aims to address CBP’s persistent staffing shortage by streamlining the hiring process, which currently takes nearly two years and involves an 11-step process where only a small percentage of applicants are ultimately hired.
Sponsored by Sen. Ruben Gallego (D-AZ) (0 cosponsors)
06/26/2025 Introduced by Sen. Gallego
06/26/2025 Read twice and referred to the Committee on Homeland Security and Governmental Affairs
H.R.4209
No Medicaid for Illegals Act
The bill would amend titles XIX and XXI of the Social Security Act to prohibit federal financial participation under Medicaid and CHIP for individuals without verified citizenship, nationality, or “satisfactory” immigration status, preventing federal funding from supporting healthcare coverage for undocumented immigrants through these programs, except for certain emergency services that are already authorized under current law.
Sponsored by Rep. Jefferson Van Drew (R-NJ-2) (0 cosponsors)
06/26/2025 Introduced by Rep. Van Drew
06/26/2025 Referred to the House Committee on Energy and Commerce
H.R.4201
TPS Reform Act
The bill would transfer authority for designating countries under Temporary Protected Status from the executive branch to Congress, requiring legislative approval for TPS designations and terminations. The legislation would establish an 18-month maximum duration for TPS status, require additional congressional action for renewals, and exclude individuals already in the country illegally from TPS eligibility.
Sponsored by Rep. Chip Roy (R-TX-21) (6 cosponsors)
06/26/2025 Introduced by Rep. Roy
06/26/2025 Referred to the House Committee on the Judiciary
H.R.4200
End DED Act
The bill would prohibit the use of federal funds for the Deferred Enforced Departure (DED) Program or any successor program. DED is an administrative protection that allows the Secretary of Homeland Security to defer the removal of certain foreign nationals whose home countries are experiencing ongoing armed conflict, environmental disaster, or other extraordinary circumstances that would make return unsafe.
Sponsored by Rep. Chip Roy (R-TX-21) (5 cosponsors)
06/26/2025 Introduced by Rep. Roy
06/26/2025 Referred to the House Committee on the Judiciary
H.R.4176
No Secret Police Act
This bill would amend the Homeland Security Act of 2002 to require law enforcement officers and agents of the Department of Homeland Security engaged in border security or immigration enforcement to display or wear certain insignia and provide identification.
Sponsored by Rep. Daniel S. Goldman (D-NY-10) (40 cosponsors)
06/26/2025 Introduced by Rep. Goldman
06/26/2025 Referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary
H.R.4140
Burma GAP Act
The bill would authorize the designation of a Special Coordinator for Rohingya Atrocities Prevention and Response at the State Department and establish a new Conflict Observatory for Burma to monitor ongoing violence. It calls for a comprehensive U.S. strategy including protection efforts, engagement with Rohingya communities to facilitate safe repatriation, development of transitional justice mechanisms, and programs to prevent gender-based violence and trafficking.
Sponsored by Rep. Gregory W. Meeks (D-NY-5) (4 cosponsors)
06/25/2025 Introduced by Rep. Meeks
06/25/2025 Referred to the House Committee on Foreign Affairs
H.R.4092
Protect Railroads Against Illegal Looters (RAIL) Act
This bill amends the Immigration and Nationality Act to clarify that aliens who have been convicted of or who have committed certain offenses involving interstate or foreign shipments by carrier are inadmissible and deportable.
Sponsored by Rep. Paul A. Gosar (R-AZ-9) (25 cosponsors)
06/24/2025 Introduced by Rep. Gosar
06/24/2025 Referred to the House Committee on the Judiciary
H.R.4080
Guarding U.S. Authority for Removal and Detention (GUARD) Act
The bill would amend title 18 of the United States Code to authorize the use of National Guard forces for immigration enforcement purposes and establish criminal penalties for assaulting immigration enforcement officers. It would expand the federal government’s capacity to enforce immigration law by allowing National Guard deployment in support of immigration operations and creating enhanced protections for immigration enforcement personnel through criminal penalties for assault.
Sponsored by Rep. Pat Harrigan (R-NC-10) (0 cosponsors)
06/23/2025 Introduced by Rep. Harrigan
06/23/2025 Referred to the House Committee on the Judiciary
H.R.4078
Stop Unlawful Detention and End Mistreatment (SUDEM) Act
The bill would require the Secretary of Homeland Security to establish a publicly available online database containing comprehensive information about ICE detention facilities nationwide. It would mandate public disclosure of who is being detained, where, when, and why, along with the legal authority and evidence behind each detention. The database would include demographic information such as age, nationality, and legal status, as well as facility-wide data on use of force, disciplinary actions, transfers, and deportations
Sponsored by Rep. Maxwell Frost (D-FL-10) (2 cosponsors)
06/23/2025 Introduced by Rep. Frost
06/23/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security
H.Res.533
Reaffirming the importance of the United States promoting the safety, health, and well-being of refugees and displaced persons in the United States and around the world
Sponsored by Rep. Ted Lieu (D-CA-36) (51 cosponsors)
06/23/2025 Introduced by Rep. Lieu
06/23/2025 Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and the House of Representatives will be in recess from Monday, June 30, through Friday, July 5.
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); Federal Preemption and Texas S.B. 4; Publicly Released June 26, 2025
The memo explains that Texas Senate Bill 4, which criminalizes unlawful entry and reentry into Texas and authorizes state-ordered removals, has been blocked by federal courts since February 2024 on grounds that it is preempted by federal immigration law, with ongoing consolidated litigation continuing after the United States withdrew from the case following the change in presidential administration. The memo further clarifies that several other states have enacted similar measures facing litigation, while Congress has considered various legislative approaches ranging from supporting state enforcement authority to restricting federal-state immigration cooperation.
Congressional Research Service (CRS); Overview of the EB-5 Immigrant Investor Program; Publicly Released June 23, 2025
The memo explains the structure and operation of the EB-5 Immigrant Investor Program, which provides a pathway to permanent residence for foreign nationals who make qualifying investments in U.S. commercial enterprises.
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:
Expanded Expedited Removal and Challenges to Due Process
While the practice of expedited removal is well-established, the administration’s recent actions to expand its use raise a number of significant concerns. Our latest article explains why the administration’s current application of expedited removal is in tension with fundamental due process principles, as it sacrifices fairness for speed, increasing the risk of errors and unjust outcomes, a danger to citizens and noncitizens alike.
Explainer: Immigrants’ Critical Role in the U.S. Childcare Workforce and in Increasing Labor Force Participation Rates
The important role childcare plays in a nation’s economic well-being is often overlooked and undervalued. This explainer highlights immigrants create additional opportunities for parents – especially women – to enter the workforce, increasing labor force participation rates and promoting economic growth.
Explainer: U.S. Immigration Detention and Custody Standards
Our new explainer examines how U.S. immigration detention and custody facilities, operated by agencies like ICE, CBP, and ORR are governed by a patchwork of constitutional, statutory, and agency-specific standards. It highlights ongoing challenges such as inadequate oversight, prolonged detentions, and insufficient protections for vulnerable populations, underscoring the need for stronger scrutiny as detention capacity could expand dramatically due to funding included in reconciliation.
*As of publication (6/27/25 at 3:30 PM EST)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the National Immigration Forum, with questions, comments, and suggestions for additional items to be included. Nicci can be reached at nmattey@immigrationforum.org. Thank you.