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
Department of Homeland Security Requests 20,000 National Guard Members to Assist in “Immigration Crackdown”
The Department of Homeland Security (DHS) has formally requested approximately 20,000 National Guard personnel to support the administration’s immigration enforcement efforts, according to multiple officials who confirmed the development on May 15. DHS Assistant Secretary Tricia McLaughlin stated that the department is seeking Guard members “to help implement the President’s directive to apprehend and deport criminal undocumented immigrants.” The Pentagon is currently reviewing the request, with military lawyers evaluating the legal implications of using National Guard troops for “interior immigration enforcement,” an unprecedented expansion of their traditional role. It remains unclear whether state governors would need to approve the deployment or if President Trump might federalize the Guard to gain direct control of these units.
This request follows President Trump’s May 9 directive for DHS to increase its deportation workforce by 20,000 officers from state or federal agencies and is in keeping with the administration’s ongoing invasion-framed rhetoric and policy actions. The potential National Guard deployment would add to the administration’s growing use of military resources for immigration enforcement, which already includes approximately 8,600 federal troops stationed at the southern border, the establishment of “National Defense Areas” along portions of the border in New Mexico and Texas, and naval support including surveillance aircraft and vessels. Senator Tammy Duckworth expressed concern about the request, calling it an “abuse and misuse” of the U.S. military and warning that it could “undermine readiness and our national security.”
Trump Administration Ends Temporary Protected Status for Afghanistan
The Department of Homeland Security announced on May 13 that it will terminate Temporary Protected Status (TPS) for Afghans in the U.S., with protections set to expire on July 14, 2025. In making the announcement, Homeland Security Secretary Kristi Noem stated that “Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country,” arguing that the decision “returns TPS to its original temporary intent.” The termination affects the more than 8,000 Afghans who were covered by the program as of last year.
The Biden administration had previously extended TPS for Afghanistan in 2023, citing the humanitarian crisis following the Taliban takeover, including economic collapse, human rights abuses, and terrorist threats. American veterans of the war in Afghanistan, including many Republicans, are among the strongest advocates for protecting Afghan refugees in the U.S., and the Afghan-American Foundation described the move as a “betrayal” of those who assisted U.S. forces during America’s 20-year presence in the country. The termination follows a lawsuit filed after DHS initially announced the end of Afghan TPS in March without the required Federal Register notice.
Arrival of Afrikaners to the U.S. Prompts Mixed Reaction from Resettlement Organizations
The first group of white South African Afrikaners granted refugee status have arrived in the U.S. on May 12 at Dulles International Airport in Virginia. According to State Department officials, approximately 59 Afrikaners, including parents and children, arrived on the first flight, with more expected in the coming months. The administration says it has received 8,000 inquiries about the program since the president’s February executive order establishing refugee status for Afrikaners, whom he described as “victims of unjust racial discrimination.” The South African government has strongly objected to the characterization of the group as refugees and a coalition of white religious leaders in South Africa, including Anglicans, has also rejected claims of systemic discrimination against white South Africans.
In response, the Episcopal Church announced that it will terminate its nearly four-decade partnership with the federal government to resettle refugees. In a letter to church members on May 12, Presiding Bishop Sean W. Rowe referenced the denomination’s “steadfast commitment to racial justice and reconciliation and our historic ties with the Anglican Church of Southern Africa.” Meanwhile, Church World Service has agreed to support “all eligible refugee populations” while noting that the administration is “fast-tracking the admission of Afrikaners, while actively fighting court orders to provide life-saving resettlement to other refugee populations.” Similarly, World Relief indicated it will serve “a small number” of arrivals who qualify for Office of Refugee Resettlement-funded services, as it urged the administration to “put as much energy into restarting a robust program targeting people fleeing the world’s greatest crises as they have toward this relatively small population.” Despite ongoing litigation, more than 12,000 refugees from other countries who were ready to resettle and had flights booked to the U.S. remain overseas and contracts with refugee resettlement organizations for refugee processing and services remain largely suspended.
Administration Seeks to Reassign Thousands of Government Employees to Immigration Enforcement Roles
The Trump administration plans to reassign approximately 2,000 federal agents from the FBI, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Marshals Service to assist the Department of Homeland Security with immigration enforcement, according to multiple sources familiar with the directive. The reallocation, which has not yet been officially announced, would significantly expand existing cooperation between Justice Department agencies and immigration officials. Internal memos indicate that FBI agents would constitute 45% of the Justice Department contingent in each of the 25 cities affected by the new initiative, with agents expected to work seven days a week on immigration operations.
The reassignment of federal agents to immigration enforcement has raised concerns about its impact on other law enforcement priorities. Democratic congressmembers warned in February that diverting substantial resources from the FBI and other agencies could affect investigations into counterterrorism, counterintelligence, fraud, and violent crime. The administration has already expanded the role of federal law enforcement in immigration matters, with agencies like the Postal Inspection Service now assisting in locating and detaining undocumented immigrants.
Legal
Supreme Court Hears Arguments on Birthright Citizenship as Judges Question Nationwide Injunctions
The U.S. Supreme Court heard oral arguments on May 15 regarding the Trump administration’s attempt to limit birthright citizenship through an executive order issued on January 20. According to the plaintiffs challenging the order, more than 150,000 newborns would be denied citizenship annually if the president’s directive takes effect. During the more than two-hour session, the justices primarily focused on whether federal district court judges have the authority to issue nationwide or “universal” injunctions that block the administration’s policies across the entire country. The case reaches the high court after federal judges in Maryland, Washington, and Massachusetts issued orders halting implementation of the executive order, which would deny automatic citizenship to children born in the United States if their parents are undocumented or on temporary visas.
While the conservative-majority court appeared inclined to restrict lower courts’ power to issue nationwide injunctions, no justices indicated support for Trump’s underlying order on birthright citizenship. Justice Elena Kagan questioned the practical implications of limiting injunctions, asking, “Does every single person that is affected by this [executive order] have to bring their own suit?” Meanwhile, other members of the court, such as Justice Brett Kavanaugh, expressed practical concerns about implementation, questioning how hospital workers would determine citizenship status and whether newborns would receive Social Security numbers. A decision is expected by late June or early July.
State and Local
New Cases Highlight Immigration Enforcement is Impacting Dreamers Without DACA
Ximena Arias-Cristobal, a 19-year-old undocumented immigrant who came to the U.S. at age four and lives in Georgia, was detained by Immigration and Customs Enforcement (ICE) on May 5 after a mistaken traffic arrest. The Department of Homeland Security (DHS) on May 14 said in a statement that Arias-Cristobal and her father should “self-deport” despite the traffic charges that led to her arrest being dropped. Arias-Cristobal’s case is one of the first incidents of Dreamers – undocumented immigrants who came to the U.S. at a young age and have lived in the U.S. most of their lives – impacted by the Trump administration’s increase in interior immigration enforcement. Despite living in the U.S. since age four, she was too young to qualify for Deferred Action for Childhood Arrivals (DACA). Arias-Cristobal is a college student and recipient of TheDream.US national scholarship.
After being mistakenly stopped by local police for a traffic infraction, Arias-Cristobal was detained by ICE. The traffic charges were dropped on May 12 once officials realized that her dark gray truck was mistaken for a black pickup that made an illegal turn. Because Arias-Cristobal was unable to produce a license during the traffic stop, she was placed under arrest and subsequently referred to ICE custody due to her lack of immigration status. Georgia does not provide undocumented immigrants with access to a driver’s license.
Arias-Cristobal’s case follows a report that two brothers in New York who came to the U.S. at age 10 and 11 – now ages 19 and 20 – were detained after a routine check-in with ICE, despite being in the process of pursuing green cards through the Special Immigrant Juvenile (SIJ) visa. The brothers were subsequently deported to El Salvador, where they were born.
Governor Newsom Proposes Monthly Premiums and New Restrictions on Healthcare for Undocumented Immigrants in California
Governor Gavin Newsom unveiled a revised budget proposal on May 14 that would significantly scale back California’s first-in-the-nation program providing healthcare coverage to undocumented immigrants, citing fiscal constraints and higher-than-anticipated costs. The plan would freeze enrollment for undocumented adults in Medi-Cal (California’s Medicaid program) beginning in January 2026 and impose a $100 monthly premium for those already enrolled starting in 2027. The proposal would also eliminate long-term care and dental benefits for undocumented adults and other noncitizens, though children’s coverage would remain intact.
The proposed changes represent a notable reversal for Newsom, who previously championed universal healthcare regardless of immigration status. The governor framed the changes as a fiscal necessity rather than a philosophical shift, blaming the budget shortfall partly on projected revenue losses resulting from the president’s tariff policies, which he termed a “Trump Slump.” The announcement comes just days after Homeland Security Secretary Kristi Noem targeted a different California program for immigrants, declaring “the gravy train is over.”
Florida Expands State Role in Immigration Enforcement with New Authorities for Highway Patrol
Florida Governor Ron DeSantis announced on May 12 that more than 100 Florida Highway Patrol (FHP) troopers have been sworn in as special deputy U.S. Marshals, granting them unprecedented authority to conduct immigration enforcement operations independently of federal agencies. Speaking at a press conference in Tampa, DeSantis described the initiative as the first of its kind in the nation, allowing state troopers to “execute federal warrants and remove dangerous criminal aliens from our communities.” The new designation empowers FHP officers to detain, investigate, and apprehend individuals suspected of immigration violations without waiting for Immigration and Customs Enforcement (ICE) agents to respond.
The expanded immigration enforcement role for state officers builds on Florida’s existing partnerships with federal authorities through the 287(g) program. During the press conference, Larry Keefe, executive director of the State Board of Immigration Enforcement, presented a 37-page “Florida blueprint” that he described as a prototype for other states to follow. The governor also outlined additional proposals under consideration, including a plan to deputize Florida National Guard Judge Advocate General (JAG) officers as immigration judges. The announcement follows last month’s “Operation Tidal Wave,” a joint state-federal initiative that resulted in more than 1,000 arrests of migrants across Florida.
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.1790
State Border Security Assistance Act
The bill would establish two funds to provide grants to states and local governments for border security enforcement actions and the prosecution and detention of criminal aliens after January 20, 2021, under the former administration.
This is a companion bill of H.R.3464.
Sponsored by Sen. John Cornyn (R-TX) (1 cosponsor)
05/15/2025 Introduced by Sen. Cornyn
05/15/2025 Read twice and referred to the Committee on Homeland Security and Governmental Affairs
H.R.3473
Humane Accountability Act
The bill would require greater transparency on detention and removal operations by the Department of Homeland Security, oversight of detention conditions, and notification of Congress before the use of non-traditional detention sites.
Sponsored by Rep. Gabe Vasquez (D-NM-2) (2 cosponsors)
05/15/2025 Introduced by Rep. Vasquez
05/15/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security
H.R.3371
Ensuring Security For Military Spouses Act
The bill would waive the 3-month state residency requirement for naturalization applications from spouses of active-duty military members serving at U.S. locations.
Sponsored by Rep. Marilyn Strickland (D-WA-10) (1 cosponsor)
05/13/2025 Introduced by Rep. Strickland
05/13/2025 Referred to the House Committee on the Judiciary
H.R.3466
To amend the Immigration and Nationality Act to establish a skills-based immigration points system, to focus family-sponsored immigration on spouses and minor children, to eliminate the Diversity Visa Program, to set a limit on the number of refugees admitted annually to the United States, and for other purposes.
Sponsored by Rep. David Schweikert (R-AZ-1) (0 cosponsors)
05/15/2025 Introduced by Rep. Schweikert
05/15/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session Monday, May 19, through Friday, May 23, while the House of Representatives will meet Monday, May 19, through Thursday, May 22.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington relevant to immigration policy.
Hearings to examine the President’s proposed budget request for fiscal year 2026 for the Department of Homeland Security
Date: Tuesday, May 20, 2025, at 9:30 AM ET (Senate Homeland Security and Governmental Affairs Committee)
Location: 342 Dirksen Senate Office Building, Washington, D.C.
Witness: Kirsti Noem (Secretary, U.S. Department of Homeland Security)
Hearings to examine the President’s proposed budget request for fiscal year 2026 for the Department of State
Date: Tuesday, May 20, 2025, at 10:00 AM ET (Senate Foreign Relation Committee)
Location: 419 Dirksen Senate Office Building, Washington, D.C.
Witness: Marco Rubio (Secretary, U.S. Department of State)
A Review of the President’s Fiscal Year 2026 Budget Request for the U.S. Department of State
Date: Tuesday, May 20, 2025, at 02:00 PM ET (Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs)
Location: 138 Dirksen Senate Office Building, Washington, D.C.
Witness: Marco Rubio (Secretary, U.S. Department of State)
Examining Threats to ICE Operations
Date: Tuesday, May 20, 2025, at 2:00 PM ET (House Judiciary Subcommittee on Oversight)
Location: 2141 Rayburn House Office Building, Washington, D.C.
Witnesses: Andrew Arthur (Resident Fellow in Law and Policy, Center for Immigration Studies), Scott Mechkowski (Former New York Field Office Deputy Director, U.S. Immigration Customs and Enforcement), Charles Marino (Former New York Field Office Deputy Director, U.S. Immigration Customs and Enforcement)
Budget Hearing – Department of State and Related Programs
Date: Wednesday, May 21, 2025, at 2:00PM ET (House Appropriations Subcommittee on National Security, Department of States, and Related Programs)
Location: 2359 Rayburn House Office Building, Washington, D.C.
Witness: Marco Rubio (Secretary, U.S. Department of State)
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:
Fact Sheet: Expanded Expedited Removal
This resource details the January 2025 executive order that expanded expedited removal to its full extent. The fact sheet explains the policy’s implementation, historical context, and potential impacts, including concerns about due process limitations, erroneous deportations, and civil liberties infringements.
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.
Reviving 287(g) Agreements Under the New Administration: Implementation, Concerns, and Implications
Our explainer details how the Trump administration has revived and expanded the 287(g) program, a formalized framework for collaboration between federal authorities and local law enforcement agencies. It also explores the reinstatement of the controversial Task Force Model.
*As of publication (5/16/25 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.