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
Alien Enemies Act to Be Invoked Imminently, Sources Report
President Trump is considering invoking the Alien Enemies Act, setting for the stage for an immediate legal and political battle. Multiple sources had reported on March 13 that Trump was planning to invoke the Alien Enemies Act as soon as March 14. The law dates back to 1798 and has previously been utilized to enable the registration and internment of Japanese Americans. The administration has claimed its primary target is Tren de Aragua, a Venezuelan crime group that Trump has designated as a foreign terrorist organization. The Alien Enemies Act gives the president broad authority to target and remove noncitizens, and its invocation will face numerous legal challenges.
Administration Unveils Registry Rule and ‘Self-Deportation’ App
The Trump administration published a new interim final rule on March 12 on its new registry requirement for undocumented immigrants, which mandates that noncitizens who entered the U.S. without a visa and do not meet other requirements register with the federal government. The rule is set to take effect on April 11. It requires undocumented immigrants to register with the government through a new form (G-325R) or face possible criminal prosecution, creating a dilemma for those who must choose between registration and possibly being referred to removal proceedings or not registering and facing possible criminal prosecution if they are apprehended by immigration officers at a later date.
Coinciding with this registry rule, the Trump administration launched the CBP Home app, a rebranded version of the CBP One app used by the Biden administration to process asylum seekers at Ports of Entry in the U.S.-Mexico border. The new app includes a “self-deportation” feature, encouraging undocumented immigrants to voluntarily leave the U.S. as part of a broader $200 million advertising campaign aimed at promoting self-deportation. Critics argue that these measures are part of a broader strategy to create a hostile environment for undocumented immigrants. The registry rule and self-deportation app are seen as efforts to circumvent traditional deportation processes by encouraging voluntary departures, which could have significant implications for immigrant communities and the broader immigration enforcement landscape.
Family Detention Sites Reopened, Raising Alarms
The Trump administration is reportedly refitting two Immigration and Customs Enforcement (ICE) detention facilities in Texas to hold migrant families with children and is already detaining a family group with three children in one of the facilities, according to reports. The administration is reopening the South Texas Family Residential Center in Dilley, operated by CoreCivic, which has a capacity to hold up to 2,400 individuals. The Biden administration closed the facility in 2024 because of high operation costs, but it is now slated for a reopening. The administration is also refitting a detention facility in Karnes County, which is operated by GeoGroup. As part of the Trump administration’s promised effort to dramatically increase deportations, the administration is now targeting migrant families who entered the U.S. with children.
Critics have long argued that family detention is inhumane and causes lasting psychological harm to children. Advocates for migrant children noted that family detention facilities have a history of inadequate medical care, sexual harassment, and assault of detainees, and threats to separate children from their parents. Other observers note that the economic implications of expanded family detention are also significant. The operation is expected to be costly and logistically challenging due to federal court settlements limiting the detention of minors, according to former ICE officials. Nevertheless, the Trump administration is already facing scrutiny and skepticism regarding its ability to properly care for minors and families in detention.
Interior Enforcement Actions Intensify Nationwide, Disrupting Local Economies
The Trump administration escalated interior immigration enforcement, with Immigration and Customs Enforcement (ICE) detaining an average of nearly 600 people per day in early February—a significant increase from the Biden administration’s average of about 255 daily arrests. Despite this surge in enforcement, deportations average around 600 per day in mid-February, down from over 750 per day during the final months of Biden’s presidency. Observers suggest logistical challenges and lower border crossings – which usually resulted in quick deportations during the last year of the Biden administration – are resulting in smaller overall number of deportations.
Heightened enforcement is fostering widespread fear within immigrant communities and beyond. Legal advocacy groups report that undocumented individuals are avoiding work and public spaces due to concerns about ICE raids. The intensified enforcement is having profound economic repercussions, particularly in states that rely heavily on migrant labor. In South Dakota, the dairy farming industry faces potential disruptions as raids target undocumented farmworkers who form the backbone of its workforce. Similarly, California’s agricultural industry—responsible for producing more than one-third of the nation’s vegetables and three-quarters of its fruits and nuts—is grappling with reduced labor availability. Recent raids have prompted farm groups to advocate for legislative solutions, including expanding guest worker programs and creating pathways to legal residency for undocumented workers.
Detained Student Activist, Mahmoud Khalil, Faces Uncertain Fate Amidst Legal Process
Mahmoud Khalil, a Palestinian-Algerian activist and lawful permanent resident (LPR), was detained by Immigration and Customs Enforcement (ICE) in New York City on March 8. Despite not being charged with a crime, the Department of Homeland Security (DHS) nevertheless initiated deportation proceedings against him.
Khalil, a former Columbia University graduate student, was the lead negotiator representing student protestors advocating for divestment from Israel and opposing plans for a Columbia University global center in Tel Aviv, Israel. The Trump administration alleges that Khalil “led activities aligned to Hamas,” a claim his lawyers have disputed as “false and preposterous.” Khalil is held under Section 237(a)(4)(C)(i) of the Immigration and Nationality Act (INA), which provides the Secretary of State wide latitude to initiate removal efforts for a noncitizen whose “presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences.” A second individual connected to the protests at Columbia was reportedly detained by ICE on March 14. Khalil’s detention has sparked widespread criticism and calls for his release.
Critics of the arrest argue that it is a violation of free speech and an attempt to suppress dissenting voices. Khalil’s lawyers said that his detention is aimed at silencing his constitutionally protected speech and that his placement in a Louisiana detention center has complicated his defense. The Central Louisiana ICE Processing Center in Jena is one of the largest in the country and is usually one of the last stops for detainees before their deportation from the U.S.
On March 12, a federal judge temporarily halted Khalil’s deportation, and, as of March 14, he remains detained in Louisiana.
Legal
Refugee Resettlement Agencies Face Continued Uncertainty Despite Court Ruling
The Trump administration’s efforts to dismantle the U.S. Refugee Admissions Program (USRAP) continue to face legal challenges and criticism from resettlement agencies. Despite a federal court’s preliminary injunction blocking the suspension of refugee processing, the administration has taken steps that undermine the ruling. The court ordered the administration to resume refugee processing, but the status report filed by the administration provides little detail on concrete steps taken to comply with the injunction, raising concerns about the future of the longstanding tradition of refugee resettlement in the U.S. In addition, the State Department has terminated contracts with long-standing refugee resettlement partners, including Church World Service (CWS), HIAS, and Lutheran Community Services Northwest, and is preparing to issue a request for proposals to identify a new singular service provider for reception and placement services.
Refugee policy advocates argue that this move would strip refugee families of established support networks built over decades. Rick Santos, President and CEO of CWS, emphasized that the proposal would punish organizations that have long supported refugees and abandon the expertise and infrastructure that make the program successful. The lawsuit, Pacito v. Trump, challenges the suspension of refugee processing and funding, arguing that the administration’s actions are unlawful and violate congressional authority.
State and Local
Fifth Circuit Ruling Takes Effect, Impacting DACA Recipients in Texas and Beyond
The Fifth Circuit Court of Appeals’ decision on Deferred Action for Childhood Arrivals (DACA) went into effect on March 11, allowing continued deportation protections for DACA recipients nationwide and work permits for most DACA recipients, and potentially opening the door for initial applications. The ruling, which found DACA regulations unlawful as currently constructed, limits its injunction only to Texas, where work permits for DACA recipients may be limited going forward.
The Fifth Circuit’s decision affects over 535,000 DACA recipients and their families, who have endured prolonged uncertainty due to ongoing legal challenges. These individuals, who were brought to the U.S. as children, are integral to their communities and contribute significantly to the economy. There has historically been broad bipartisan support for granting them a permanent right to remain in the country, and Trump previously promised he would “work with the Democrats on a plan” to help DACA recipients and Dreamers. Following the Fifth Circuits ruling, advocacy groups have begun to suggest that new DACA applications might be considered in the future, prompting many to advise recipients to renew their status and consult with legal experts.
BILLS INTRODUCED AND CONSIDERED
It is hard to keep up with the constant 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*.
H.R.2090
A bill to amend section 236A of the Immigration and Nationality Act with respect to the requirement to cross reference the terrorist screening database.
Sponsored by Rep. Roger Williams (R-TX-25) (0 cosponsors)
03/11/2025 Introduced by Rep. Wiliams
03/11/2025 Referred to the House Committee on the Judiciary.
H.R.2056
A bill to require the District of Columbia to comply with federal immigration laws.
Sponsored by Rep. Clay Higgins (R-LA-3) (0 cosponsors)
03/11/2025 Introduced by Rep. Higgins
03/11/2025 Referred to the House Committee on Oversight and Government Reform.
H.R.2050
A bill making continuing appropriations for the salary and expenses of certain excepted employees of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, and for other purposes.
Sponsored by Rep. Mark E. Green (R-TN-7) (3 Cosponsors)
03/11/2025 Introduced by Rep. Green
03/11/2025 Referred to the House Committee on Appropriations.
H.R.2026
A bill to mitigate environmental degradation and wildland fires caused by illegal immigration along the southern border of the United States, and for other purposes.
Sponsored by Rep. Ken Calvert (R-CA-41) (0 cosponsors)
03/11/2025 Introduced by Rep. Calvert
03/11/2025 Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture.
H.R.1984
A bill to amend title 23, United States Code, to limit certain Federal funding to States that do not have a process to notify the Secretary of Homeland Security of the release from custody or detainment certain aliens under certain circumstances, and for other purposes.
Sponsored by Rep. Jeff Crank (R-CO-5) (1 cosponsor)
03/10/2025 Introduced by Rep. Crank
03/10/2025 Referred to the House Committee on Transportation and Infrastructure.
H.R.1968
A bill providing continuing FY2025 appropriations for federal agencies and extending various expiring programs and authorities.
Sponsored by Rep. Tom Cole (R-OK-4) (0 cosponsors)
03/10/2025 Introduced by Rep. Cole
03/12/2025 Cloture motion on the motion to proceed to the measure presented in Senate.
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be in recess from Monday, March 17, until Friday, March 21.
UPCOMING HEARINGS AND MARKUPS
As both the Senate and House are in recess, there are no hearings scheduled for the week of Monday, March 17.
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); Noncitizen Eligibility for Medicaid and CHIP; Publicly Released March 10t, 2025
This report provides an overview of Medicaid/CHIP eligibility rules for noncitizens. It details important background on Medicaid and CHIP (State Children’s Health Insurance Program), the eligibility rules for noncitizens, and exceptions for non-eligible noncitizens.
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:
Temporary Protected Status (TPS): Fact Sheet
The Forum has updated our resource on TPS! TPS is a government protection granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling the return.
Are Sanctuary Policies Unlawful? State and Municipal Prerogatives to Collaborate with Federal Immigration Authorities
This new resource explains why sanctuary jurisdictions have the constitutional right to limit their cooperation with federal immigration enforcement under the anti-commandeering doctrine. It also examines the legal challenges surrounding federal attempts to impose funding conditions on sanctuary jurisdictions.
Forum Analysis:
President Trump’s Executive Actions on Border Security
President Trump’s Executive Order on the U.S. Refugee Program
President Trump’s Executive Actions Relating to Immigration Enforcement and Mass Deportation
*As of publication (3/14/25 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 questions, comments, and suggestions for additional items to be included. Nicci can be reached at nmattey@immigrationforum.org. Thank you.