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.
Legal
Trump Administration Comes into Conflict with Federal Courts Over Deportation Authority
The Trump administration this week escalated its conflict with federal courts over deportation authority, possibly not following a judicial order and seeking to remove a judge overseeing the high-profile case. On March 15, U.S. District Judge James Boasberg ordered the government to halt deportations of Venezuelan migrants under the Alien Enemies Act of 1798 and to return any planes mid-flight. However, the administration proceeded with at least two deportation flights to El Salvador, possibly within hours of the order.
Judge Boasberg criticized the Justice Department’s “woefully insufficient” response to his requests for information about the flights, stating that the government has “again evaded its obligations.” The administration claims disclosing details would reveal “state secrets,” while Boasberg is seeking to determine if his orders were deliberately disobeyed. On March 17, Tom Homan, the White House so-called border czar,” indicated that the administration may continue to conduct deportation plans in defiance of the court’s order. The clash has sparked concerns about a potential constitutional conflict between the courts and the executive branch.
The Justice Department attempted to remove Boasberg from the case, and on March 18, President Trump indicated that Boasberg should be impeached. U.S. Supreme Court Chief Justice John Roberts subsequently issued a rare public statement rebuking calls to impeach judges who rule against the administration.
Federal
Expansive Travel Ban Expected to Be Announced Soon
The Trump administration is reportedly set to announce a new travel ban that could affect citizens from more than 40 countries. The ban, expected to be unveiled in the coming days or weeks, introduces a tiered system categorizing countries as “Red,” “Orange,” or “Yellow” based on perceived security risks. The expanded travel ban follows an executive order signed by President Trump on January 20, 2025, directing federal agencies to recommend countries for visa restrictions within 60 days.
Under the new policy, citizens from approximately 11 “Red” countries, including Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen, would be barred entirely from entering the United States. Those from “Orange” countries like Eritrea, Haiti, and Myanmar would face increased scrutiny and mandatory in-person interviews for visas. According to reports, under “Yellow,” affluent business travelers might be allowed to enter the U.S., but not people on immigrant or tourist visas. “Yellow” countries would have 60 days to address administration concerns or risk being moved to stricter categories. At the time of publication, the State Department has not confirmed the final list of countries, stating that the review of visa policies is ongoing.
The ban’s far-reaching consequences would extend beyond individual travelers, threatening to disrupt businesses, educational institutions, and even professional sports. Employers in the U.S. would be unable to hire workers from red-listed countries, and existing employees from any country affected by the ban may experience travel difficulties, increased scrutiny, and visa revocations. As the ban looms closer, Yale Law School professors have urgently warned international students to consider returning to the U.S. immediately if they are from potentially affected countries, highlighting the precarious situation for nationals of those countries. Major League Baseball may also face significant impacts, particularly for players from Cuba and Venezuela, potentially derailing careers and dreams.
This expanded ban represents a stark escalation of the administration’s restrictive immigration policies, building on the controversial 2017 “Muslim Ban” ultimately upheld, in a revised fashion, by the Supreme Court. As the Trump administration continues its review of visa policies, immigrant communities, civil rights organizations, and international allies are bracing for the potentially devastating impact of this new policy.
In a parallel move, Secretary of State Marco Rubio released a determination on March 14 that claims “all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the borders of the United States, constitute a foreign affairs function of the United States under the Administrative Procedure Act (APA).” This broad claim could potentially exempt certain immigration and border policies from the APA’s public notice-and-comment requirements, which allow the public to weigh in on specific policy changes.
Border Crossings Reach Historic Low as Enforcement Measures Intensify
According to the February update released by U.S. Customs and Border Protection (CBP), unauthorized border crossings have dropped to their lowest levels in over two decades. CBP recorded approximately 11,709 encounters at the southern border in February 2025 —an 80.9% decline from January’s 61,447 encounters. Of those, 8,347 encounters were between ports of entry. About 16,700 Border Patrol agents are assigned to the U.S.-Mexico border – which indicates each Border Patrol agent averaged 0.5 apprehensions over one month. There are also about 9,200 military troops stationed at the southern border, with an additional 3,000 coming in the following weeks.
This sharp decrease in border apprehensions is likely due to a series of high-profile enforcement actions by the Trump administration, including the cancellation of parole processing at ports of entry through the CBP One app and the deployment of military assets to the U.S.-Mexico border. The administration sent additional troops and military equipment, including a Navy warship, to patrol the Gulf Coast, while surveillance drones and reconnaissance aircraft have been tasked with monitoring migrant movements.
Reports of U.S. Citizens Detained Amid Increased Interior Enforcement
According to reports, several U.S. citizens have been detained by Immigration and Customs Enforcement (ICE) agents in recent weeks as the Trump administration intensifies its interior immigration enforcement. In Virginia, Jensy Machado, a naturalized U.S. citizen, was handcuffed by ICE agents who were looking for an individual with a deportation order. Despite offering to show his Virginia driver’s license, agents initially refused to let Machado provide identification. Senator Mark Warner (D-Virginia) demanded answers from the U.S. Department of Homeland Security (DHS) and ICE regarding this incident. In Chicago, advocacy groups have filed a federal complaint alleging that ICE violated the rights of 22 people during arrests, including a U.S. citizen. It was reported that the U.S. citizen was eventually released by ICE after being handcuffed for hours.
The Trump administration has dramatically escalated interior enforcement operations, with ICE making 32,809 enforcement arrests in communities across the U.S. in the first 50 days of the administration – nearly matching the 33,242 at-large arrests made during the entire 2024 fiscal year under the Biden administration. This surge in enforcement follows executive actions signed on January 20, which eliminated enforcement priorities established under the previous administration and directed agencies to prioritize immigration enforcement. The administration has also expanded “collateral arrests” – detaining unauthorized immigrants encountered during targeted operations, even if they were not the primary targets. Congress recently approved at least $430 million in additional funding for ICE detention beds, transportation, and deportation costs. Immigration experts warn that the administration’s aggressive enforcement tactics, including arrest quotas for agents, increase the likelihood of U.S. citizens being caught in immigration sweeps.
State and Local
Trump Administration Moves to Dismiss Legal Challenges Against State Laws
The Trump administration moved this week to dismiss lawsuits against state immigration enforcement laws in Texas, Iowa, and Oklahoma. The lawsuits were initially brought by the Department of Justice (DOJ) during the Biden administration and resulted in all three state laws eventually being placed on temporary hold by federal courts.
On March 18, the Trump administration announced in a court filing that it is voluntarily dropping the government’s legal challenge to Texas’ Senate Bill (S.B. 4), a 2023 state law that allows local and state officials to arrest and deport individuals suspected of crossing the U.S.-Mexico border without documentation. The DOJ during the Biden administration argued that the law encroached on the federal government’s authority over immigration and could lead to racial profiling. A federal court blocked the law in March 2024 from going into effect while the case remains pending.
The Trump administration on March 14 announced it is dropping the government’s legal challenges against Iowa’s Senate File (S.F.) 2340 and Oklahoma’s House Bill (H.B.) 4156. Both laws would permit state officials to arrest certain undocumented immigrants and impose criminal penalties. The state laws were blocked by federal courts while the cases remain pending, though it is possible the law in Oklahoma can go into effect soon in light of the federal government’s decision to drop its challenge. A new bill in Oklahoma – House Bill (H.B.) 1362 – would create a new additional felony for being in the state without documentation if an undocumented individual is apprehended for a violation of Oklahoma’s criminal law. The bill passed the State House on March 13.
Immigrants’ Rights Advocate and Mother Arrested in Colorado
On March 17, Immigration and Customs Enforcement (ICE) agents detained Jeanette Vizguerra, a prominent immigrant rights activist, outside her workplace at a Denver-area Target store. Vizguerra, who has resided in the United States since 1997 has three U.S. citizen children and a daughter with DACA. Vizguerra previously gained national attention in 2017 when she sought sanctuary in a Denver church to avoid deportation. That year, Vizguerra was recognized as one of Time magazine’s 100 most influential people. According to reports, upon her arrest, one of the ICE officers said, “We finally got you.”
The arrest has ignited significant backlash from local leaders and community members. Many Colorado officials have condemned the detention, including Denver Mayor Mike Johnston and U.S. Resp. Diana DeGette (D-Colorado) and Jason Crow (D-Colorado). Governor Jared Polis (D-Colorado) spoke to Vizguerra’s longstanding contributions to her community and urged ICE to “focus their actions on violent offenders” and uphold due process. Colorado senator John Hickenlooper (D-Colorado) added: “Targeting a mother who has been an active part of our Colorado community for nearly three decades will not fix our broken immigration system or secure our border.”
Supporters have organized protests and a vigil outside the ICE detention center in Aurora, Colorado, advocating for Vizguerra’s immediate release. Her legal team has filed petitions challenging her detention, arguing that ICE is attempting to enforce an invalid deportation order.
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.*
S.1086
A bill to amend the Immigration and Nationality Act to prohibit the admission of Chinese nationals as nonimmigrant students, and for other purposes.
Sponsored by Sen. Ashley Moody (R-FL) (0 cosponsors)
03/14/2025 Introduced by Sen Moody
03/14/2025 Read twice and referred to the Committee on the Judiciary
H.R.2204
A bill to require an institution of higher education that becomes aware that a student having nonimmigrant status under subparagraph (F)(i) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) has endorsed or supported a foreign terrorist organization to notify the SEVIS, and for other purposes.
Sponsored by Rep. Nicholas A. Langworthy (R-NY-23) (6 cosponsors)
03/18/2025 Introduced by Rep. Langworthy
03/18/2025 Referred to the Committee on the Judiciary
H.R.2147
A bill to amend the Immigration and Nationality Act to prohibit the admission of Chinese nationals as nonimmigrant students, and for other purposes.
Sponsored by Rep. Riley Moore (R-WV-2) (6 cosponsors)
03/14/2025 Introduced by Rep. Moore
03/14/2025 Referred to the House Committee on the Judiciary
H.R.2129
A bill to repeal the Alien Registration Act of 1940.
Sponsored by Rep. Pramila Jayapal (D-WA-7) (27 cosponsors)
03/14/2025 Introduced by Rep. Jayapal
03/14/2025 Referred to the House Committee on the Judiciary
H.R.2118
A bill to provide temporary Ukrainian guest status for eligible aliens, and for other purposes.
Sponsored by Rep. Brian K. Fitzpatrick (R-PA-1) (1 cosponsor)
03/14/2025 Introduced by Rep. Fitzpatrick
03/14/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session Monday, March 24 through Friday, March 28, while the House of Representatives will meet Monday, March 24 through Thursday, March 27.
UPCOMING HEARINGS AND MARKUPS
Part 1: Consequences of Failure: How Biden’s Policies Fueled the Border Crisis
Date: Tuesday, March 25, 2025, at 10:00 AM ET (House Homeland Security Subcommittee on Border Security and Enforcement)
Location: 310 Cannon House Office Building, Washington D.C.
Witnesses: Lora Ries (Director, Border Security and Immigration Center, The Heritage Foundation), Ammon Blair (Senior Fellow, Secure and Sovereign Texas Initiative, Texas Public Policy Foundation), and Jon Anfinsen (Executive Vice President, National Border Patrol Council)
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:
Unaccompanied Alien Children (UCs or UACs) 2025 Update
This resource provides a comprehensive overview on unaccompanied children (UACs) in the U.S. immigration system. It covers background information, recent statistics, policy changes, and controversies surrounding UAC tracking and legal representation.
Temporary Protected Status (TPS): Fact Sheet
Our updated resource provides relevant information on TPS, 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 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.
*As of publication (3/21/25 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.