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
Federal Courts Challenge Administration’s Deportation Practices in South Sudan and El Salvador Cases
A federal judge ruled on May 21 that the Trump administration “unquestionably” violated a court order when it deported eight migrants to South Sudan with only hours’ notice and no meaningful opportunity to challenge their removal. U.S. District Judge Brian Murphy in Massachusetts found that the administration’s actions directly contravened his April injunction requiring that migrants receive adequate time to contest deportations to countries where they are not citizens.
The migrants, who originated from Cuba, Laos, Mexico, Myanmar, Vietnam, and South Sudan, were described by DHS as individuals convicted of serious crimes including murder and sexual assault. Judge Murphy ordered the administration to maintain custody and control of the deportees and conduct proper fear-based interviews, though he did not require the plane to return to the US. In a late-night written order, the judge established new requirements mandating that migrants receive at least 10 days to raise safety concerns before removal to third countries.
Earlier, on May 19, the 4th Circuit Court of Appeals voted to uphold a lower court order directing the administration to facilitate the return of Daniel Lozano-Camargo, a 20-year-old Venezuelan man deported to El Salvador in violation of a 2024 settlement agreement protecting asylum seekers who arrived as unaccompanied minors. The appeals court rejected the government’s argument that returning him would impose “serious foreign-policy harms” while “doing nothing for Cristian,” with Judge DeAndrea Benjamin writing that this claim “rings hollow” given that his deportation violated the class action settlement. Judge Benjamin also argued that the government “cannot facilitate Cristian’s return telepathically” and must communicate with El Salvador to secure his release. Both cases highlight mounting judicial frustration with the administration’s deportation practices, with multiple federal judges now finding violations of court orders and due process requirements.
Parties Do Not Appeal DACA Case to the Supreme Court, Fifth Circuit Decision Expected to Be Implemented
A decision by the Fifth Circuit Court of Appeals on the legality of Deferred Action for Childhood Arrivals (DACA) moved toward implementation after none of the parties in the case, Texas v. United States, sought an appeal to the U.S. Supreme Court by the May 20 extended deadline. The case is now back before U.S. District Court Judge Andrew Hanen, who must modify his original order to comply with the Fifth Circuit’s decision. For the moment, a court-ordered stay that allows all current DACA recipients nationwide to renew their protection from deportation and work authorization remains in effect.
On January 17, 2025, the Fifth Circuit ruled in a mixed decision that DACA’s protection from deportation is a lawful exercise of prosecutorial discretion and may be granted throughout the country. The Fifth Circuit also determined that the work authorization component of DACA is unlikely to be lawful, but narrowed the injunction to apply just to the state of Texas. The Fifth Circuit’s decision would result in DACA’s protection from deportation and work authorization being available to those renewing and those applying for the first time in 49 states, with those in Texas only having access to protection from deportation. Judge Hanen will determine how to implement the Fifth Circuit’s decision in Texas, which could see a winding down of work authorization for DACA recipients in the state.
The Fifth Circuit’s decision comes as reports percolate of increased immigration enforcement impacting Dreamers without DACA. Ximena Arias-Cristobal, a 19-year-old Dreamer who came to the U.S. at age four and lives in Georgia, was released from Immigration and Customs Enforcement (ICE) detention on May 21 on a $1,500 bond – the lowest amount possible. Ximena was detained by ICE on May 5 after a mistaken traffic arrest. Despite living in the U.S. since age four, she was too young to qualify for DACA. She is a college student and recipient of TheDream.US national scholarship.
Supreme Court Allows Termination of Temporary Protected Status for Venezuela While Legal Challenges Continue
The Supreme Court ruled Monday that the Trump administration can proceed with canceling Temporary Protected Status (TPS) for approximately 350,000 Venezuelans while legal challenges to the decision continue in lower courts. The unsigned order allows the administration to move forward with ending protections that were granted in 2023 and extended by the Biden administration through October 2026. The ruling directly affects Venezuelans granted TPS in 2023, while a separate group of roughly 250,000 Venezuelans who received protections in 2021 will retain their status until it expires in September.
The decision represents what University of California at Los Angeles law professor Ahilan Arulanantham called “the largest single action stripping any group of noncitizens of immigration status in modern U.S. history.” However, the immediate practical effects of the ruling remain unclear, as the Supreme Court did not specify whether affected Venezuelans have already lost their legal status and work permits or whether they may have additional time before enforcement begins. A federal judge in Northern California had previously blocked the termination, finding that the administration’s decision appeared motivated by racial animus and noting the lack of evidence that Venezuelan TPS holders were connected to criminal activity or the Tren de Aragua gang. The ruling has created significant uncertainty for Venezuelan communities, particularly in South Florida, where businesses report decreased sales and employees face potential loss of work authorization.
Immigration Enforcement Intensifies with New Pattern of Arrests Outside Immigration Courts Nationwide
Complex scenes unfolded in cities across the U.S., including, Los Angeles, New York, Seattle, and Chicago, as federal immigration agents conducted coordinated arrests at immigration courts starting this week, exploiting the Trump administration’s elimination of prior “sensitive location” protections. Immigration and Customs Enforcement (ICE) agents waited in courthouse hallways to arrest migrants immediately after government attorneys dismissed their cases, creating what one lawyer described as “mayhem” at the Phoenix immigration court. In Miami, Juan Serrano, a 28-year-old Colombian with no criminal record, was told by a judge “you’re free to go” after prosecutors requested dismissal, only to be handcuffed by five federal agents and transported away with a dozen other detained migrants.
The American Immigration Lawyers Association (AILA) reported that the operation is targeting individuals regardless of criminal history, including asylum seekers and those complying with court orders for years. This strategy marks a significant departure from historical practices, as courthouse arrests were traditionally rare and reserved for individuals with criminal charges or denied asylum claims. The tactic relies upon the expanded expedited removal authority that now applies to any noncitizen unable to prove two years of U.S. residence. Immigration advocates warn the arrests will discourage court appearances, undermining the system itself. The emotional toll on families has been severe, with one San Diego attorney describing how his client “went from being embraced in his aunt’s arms, thinking that the case was over…to horror,” adding that “it was like they tricked us.”
Federal Judge Blocks Trump Administration from Revoking Harvard’s International Student Enrollment Authority
Harvard University filed a federal lawsuit on May 23 challenging the Trump administration’s decision to revoke the university’s certification to enroll international students, and a federal judge in Massachusetts immediately granted a temporary restraining order blocking the action. Harvard challenged the Trump administration’s decision to revoke the university’s certification to enroll international students, calling it “unprecedented and retaliatory” action that threatens to displace more than 7,000 visa holders just days before graduation. The Department of Homeland Security (DHS) terminated Harvard’s Student and Exchange Visitor Program (SEVP) certification on May 22, a designation the university has held without interruption for more than 70 years, citing allegations of campus antisemitism and claims that Harvard has allowed “anti-American, pro-terrorist” foreigners to create a hostile environment. Without SEVP status, current and prospective international students would need to transfer to another university or lose their ability to remain in the United States legally.
In the 72-page lawsuit filed in federal court in Boston, Harvard accused the administration of carrying out a “campaign of retribution” designed to coerce the university into imposing ideological litmus tests on its admissions, hiring, and academic programs. Harvard President Alan Garber described the revocation as “unlawful and unwarranted,” arguing that it “imperils the futures of thousands of students and scholars across Harvard and serves as a warning to countless others at colleges and universities throughout the country.” The university had filed a request for a temporary restraining order to immediately block implementation of the action, warning that without judicial intervention by Sunday, DHS could proceed with terminating the visa status of thousands of students.
Rep. McIver Released on Recognizance and Charges Are Dismissed Against Newark Mayor Following ICE Facility Incident
New Jersey Democratic Representative LaMonica McIver was released on her own recognizance Wednesday during her first federal court appearance on assault charges stemming from a May 9 incident at an Immigration and Customs Enforcement (ICE) detention facility in Newark. The charges carry a maximum penalty of eight years in prison each and stem from allegations that she pushed and grabbed ICE and Homeland Security agents while attempting to prevent the arrest of Newark Mayor Ras Baraka. Speaking in court on May 21, Rep. McIver denied the charges and maintained she was conducting lawful congressional oversight of the federal facility, with her attorney noting there was “zero chance a congresswoman is a flight risk.”
In a separate proceeding on the same day, U.S. Magistrate Judge Andre Espinosa sharply criticized the Department of Justice while dismissing trespassing charges against Mayor Baraka, calling the government’s decision to drop the case an “embarrassing retraction” that suggested “a worrisome misstep.” The judge dismissed the complaint with prejudice, meaning it cannot be refiled. Interim U.S. Attorney Alina Habba, a former personal attorney to President Trump, had initially charged Baraka with misdemeanor trespassing but announced Monday she would drop those charges while proceeding with the assault case against McIver.
The case represents the first time the Trump administration’s Justice Department has criminally charged a sitting member of Congress during the president’s second term, with Democrats characterizing it as political intimidation designed to chill congressional oversight of immigration enforcement. Rep. McIver’s preliminary hearing is scheduled for June 11, while prosecutors may still be considering charges against Representatives Bonnie Watson Coleman and Rob Menendez, who were also present during the incident.
Federal
First Self-Deportation Flight Departs as Administration Imposes Million-Dollar Fines on Undocumented Immigrants
The Department of Homeland Security conducted the first charter flight under Project Homecoming on May 19, transporting sixty-four immigrants from Houston to Honduras and Colombia as part of a voluntary self-deportation program that offers $1,000 stipends and free travel. Participants used the rebranded CBP Home app to request departure, with Homeland Security Secretary Kristi Noem describing the initiative as preserving migrants’ opportunity to “potentially return” legally while avoiding “fines, arrest, deportation and a permanent ban on re-entry.” The administration estimates the program reduces deportation costs by 70 percent compared to the $17,121 average expense of arrest, detention, and removal.
Immigration experts have warned participants about potential consequences, noting that undocumented immigrants who lived in the U.S. for more than a year face a ten-year reentry ban regardless of voluntary departure. Internal documents reviewed by The Washington Post reveal administration plans to spend $250 million in foreign assistance funds to extend the program to 700,000 Ukrainian and Haitian migrants, though DHS called the documents “outdated” despite signing an agreement with the State Department last week for an identical funding package. The self-deportation rollout coincides with the administration imposing fines on approximately 4,500 migrants under the 1952 Immigration and Nationality Act, with penalties ranging from thousands of dollars to $1.8 million. One Florida mother of three received a $1.82 million fine calculated at $500 per day since her 2005 removal order, with recipients given 30 days to contest or pay before potential property seizure.
Border Encounters Remain Near Historic Lows in April Despite Slight Increase from March
U.S. Customs and Border Protection (CBP) reported 12,035 total encounters at the Southwest border in April 2025, a 9% increase from March but representing a 93% decrease compared to April 2024’s 179,737 encounters. Between ports of entry, Border Patrol apprehended 8,383 individuals in April, averaging only 279 encounters per day, among the lowest monthly totals since CBP began tracking data 25 years ago. Single adults comprised 84% of these apprehensions, while family units and unaccompanied children accounted for 6.4% and 9.4% respectively.
Acting CBP Commissioner Pete Flores stated that agents can now patrol territories that CBP “didn’t have the bandwidth or manpower to oversee” six months earlier. CBP has implemented a new categorization system dividing apprehensions into “at entry” (border encounters) and “at large” (interior operations), with 906 apprehensions classified as at large in April. With approximately 16,700 Border Patrol agents stationed along the Southwest border, the current encounter levels translate to an average of 0.5 apprehensions per agent per month, meaning there are effectively two agents for every apprehension during this period, not including the thousands of military personnel also deployed to the border region.
State and Local
Charlotte Families and Advocates Respond to Recent Immigration Enforcement Actions
Charlotte, North Carolina community members and advocacy groups are raising the alarm on growing Immigration and Customs Enforcement (ICE) activity in the city. The Carolina Migrant Network described “unusually high levels” of ICE activity, as local neighborhoods observed ICE detentions outside homes, Charlotte Mecklenburg Schools, churches, and traffic stops. The co-executive director of the Carolina Migrant Network, Stefania Arteaga, noted that intensifying ICE presence is also documented in the surge of phone calls to the Network’s immigration hotline. The hotline averaged two to four weekly calls; however, the Network’s phone has rung over 133 times since May 13th. Reporters simultaneously note that immigrant communities are “blindsided by sudden [ICE] arrests,” as expositions describe officers utilizing unmarked vehicles and clothing. Advocates worry that ICE’s plain-clothed officers will lead to more hazardous arrests, highlighting an incident on May 15th where a man was tackled in a downtown pond by the Mecklenburg County Courthouse. The Mecklenburg County Sheriff’s Office was unaware of ICE’s intention to complete arrests outside the courthouse but reiterated the need for “clear communication to minimize disruptions” and ensure safety for all involved. The cases of Jose Martinez, a father of eleven who was arrested and sent to a detention center six hours away in Georgia, and Noel Antonio Alfero Escobar, a father arrested outside the morning drop-off of his daughter’s magnet school, have similarly mobilized immigration advocates in the Charlotte area.
These ICE enforcement actions have recentered immigration rights advocates’ focus on providing local rights clinics and counseling while rallying civic support against four North Carolina General Assembly bills. Two bills include House Bill 318 and Senate Bill 153, which would require sheriffs and state law enforcement to cooperate with ICE. House Bill 261 and House Bill 690 are also of focus for advocates. A breadth of advocacy organizations coined the bills as part of a broader “anti-immigrant agenda” during a demonstration on May 21st that provided information handouts for lawmakers and petitioned the Governor Stein to veto the passage of any bills.
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.1827
Expedited Removal of Criminal Aliens Act
The bill would authorize expedited removal procedures for aliens who are criminal gang members, foreign terrorist organization members, or have been convicted of specified crimes.
Sponsored by Sen. Ashley Moody (R-FL) (3 cosponsors)
05/21/2025 Introduced by Sen. Moody
05/21/2025 Read twice and referred to the Committee on the Judiciary
S.1817
Expedited Removal of Criminal Aliens Act
The bill would amend section 235 of the Immigration and Nationality Act to “ensure more consistent treatment of inadmissible aliens regardless of their country of nationality.”
Sponsored by Sen. Eric Schmitt (R-MO) (0 cosponsors)
05/20/2025 Introduced by Sen. Schmitt
05/20/2025 Read twice and referred to the Committee on the Judiciary
S.1812
Ban Birth Tourism Act
This bill amends the Immigration and Nationality Act to authorize a ban on admitting an alien into the U.S. as a nonimmigrant if the alien’s “primary purpose” for entering is to give birth to a child in the U.S. is in order to obtain U.S. citizenship for that child.
Sponsored by Sen. Marsha Blackburn (R-TN) (0 cosponsors)
05/20/2025 Introduced by Sen. Blackburn
05/20/2025 Read twice and referred to the Committee on the Judiciary
H.R. 3536
Countering Russian Innovation and Safeguarding Individual Scientists (CRISIS) Act
The bill would make certain vetted Russian nationals with advanced science, technology, engineering, and mathematics (STEM) degrees eligible for permanent resident status in the U.S.
Sponsored by Rep. Bill Foster (D-IL-11)
05/21/2025 Introduced by Rep. Foster
05/21/2025 Referred to the House Committee on the Judiciary
H.R.3550
To amend the Immigration and Nationality Act with respect to refugee admission and resettlement.
Sponsored by Rep. Nancy Mace (R-SC-1) (0 cosponsors)
05/21/2025 Introduced by Rep. Mace
05/21/2025 Referred to the House Committee on the Judiciary
H.R.3504
Artemis Act of 2025
The bill would amend section 235 of the Immigration and Nationality Act to create exceptions for individuals facing expedited removal if they are nationals of or would be deported to countries designated by the State Department as engaging in severe violations of religious freedom.
Sponsored by Rep. Yassamin Ansari (D-AZ-3) (2 cosponsors)
05/20/2025 Introduced by Rep. Ansari
05/20/2025 Referred to the House Committee on the Judiciary
H.R.1
One Big Beautiful Bill Act
Among many other provisions, the bill would impose immigration-related fees such as annual asylum fees, TPS fees, parole application fees, and employment authorization renewals. The bill would also strip public benefit eligibility for Afghan parolees, refugees, and others not yet fully processed. In addition, the bill would significantly increase ICE resources and funding for detention, removals, and border enforcement. The bill would also impose a tax on remittances made by non-citizens.
Sponsored by Rep. Jodey Arrington (R-TX-19) (0 cosponsors)
05/20/2025 Introduced by Rep. Arrington
05/22/2025 The bill passed the House of Representatives after a 215-214 vote.
H.R.3486
Stop Illegal Entry Act
The bill would amend the Immigration and Nationality Act to increase penalties for individuals who illegally enter and reenter the United States after being removed. This is a companion bill of S. 271.
Sponsored by Rep. Stephanie Bice (R-OK-5) (3 cosponsors)
05/19/2025 Introduced by Rep. Bice
05/21/2025 Ordered to be Reported (Amended) by the Yeas and Nays: 14 – 10
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be in recess from Monday, May 26, through Friday, May 30.
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); Alien Registration Requirements; Publicly Released May 19, 2025
This report provides an overview of the revived alien registration requirements under the Immigration and Nationality Act, following the Trump administration’s March 2025 interim final rule implementing a new registration process for previously unregistered non-citizens in the United States.
Government Accountability Office (GAO); Immigration Detention: DHS Should Define Goals and Measures to Assess Facility Inspection Programs; Publicly Released May 21, 2025
This report examines the Department of Homeland Security and U.S. Immigration and Customs Enforcement’s various inspection programs for immigration detention facilities and finds significant gaps in performance evaluation. GAO reviewed four inspection programs and identified that clear performance goals and measures have not been established, making it difficult to assess the effectiveness of these programs in ensuring detention facilities are safe, secure, and humane.
Government Accountability Office (GAO); Priority Open Recommendations: Department of Homeland Security; Publicly Released May 21, 2025
This report updates GAO’s priority recommendations for the Department of Homeland Security, noting that DHS implemented six of 37 priority recommendations identified in August 2024 and adding 10 new priority recommendations in May 2025. The 39 total priority recommendations span six critical areas: emergency preparedness and response, information technology and cybersecurity, border security and immigration policies, Secret Service training accountability, countering violent extremism and domestic intelligence sharing, and infrastructure and acquisition management.
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:
Explainer: IRS and ICE Immigration Data-Sharing Agreement
This resource explains the unprecedented April 2025 memorandum of understanding between the IRS and ICE that allows immigration authorities to access sensitive taxpayer information for deportation efforts, marking a dramatic shift from longstanding taxpayer privacy protections. It also examines the significant implications for tax compliance, immigration enforcement scope, and the broader erosion of taxpayer confidentiality that could affect all Americans.
Fact Sheet: Expanded Expedited Removal
This fact sheet gives an overview of the expanded expedited removal policy, which allows immigration officers to place undocumented immigrants (1) anywhere in the United States, (2) who cannot prove they have resided in the U.S. for at least two years in an expedited deportation process.
Expanded Expedited Removal: What it means and what to know.
This explainer that provides immigrant families, their neighbors, and communities with information on how to prepare for the possible use of expedited removal or other immigration enforcement efforts and what they may be able to do in those circumstances.
*As of publication (5/23/25 at 1PM 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.