Legislative Bulletin

 

 

Good afternoon, 

Welcome to the National Immigration Forum's weekly bulletin. Every Friday, our policy team rounds up key developments around immigration policy in Washington and across the country. The bulletin includes items on the legislative, executive, and judicial branches, as well as some coverage at the state and local levels.  

You can find the online version of the bulletin here: [link removed]. [link removed]  

With hope, 

Nicci 

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**LEGISLATIVE BULLETIN - Friday, February 21, 2025**

**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 
Secretary Noem Announces Cancellation of Temporary Protected Status for Haitians  

On February 20, the Trump administration announced [link removed] that it will cancel a Temporary Protected Status (TPS) extension for Haitians, potentially ending protections on August 3, 2025, that were previously extended [link removed] by the Biden administration until February 2026. Secretary of Homeland Security Kristi Noem stated [link removed] that the decision restores TPS to its "original status as temporary" and criticized the extensions by the Biden administration as attempts to "tie the hands" of the Trump administration. Noem must still decide whether DHS will end TPS protections for Haiti, a decision that appears likely as the Trump administration already announced last month that up to 300,000 Venezuelans will lose their TPS status beginning in April. 

This decision impacts over 520,000 Haitians [link removed] eligible for TPS, potentially stripping grantees of work permits and exposing them to deportation despite ongoing violence and instability [link removed] in Haiti. 

Migrants Deported to Panama Face Dire Conditions 

The Trump administration deported up to 300 migrants [link removed] from countries such as Afghanistan, Iran, and China to Panama, citing difficulties in returning them directly to their home countries. These deportees, many of whom were seeking asylum in the U.S., were transported on U.S. military flights and were being held at the Decapolis Hotel in Panama City under strict restrictions.  

Migrants in the hotel told journalists that their passports and most cellphones had been confiscated, they were denied access to legal counsel, and they faced unsafe living conditions. Videos of an Iranian Christian family holding hand-written signs against hotel windows, including one that simply said, "Please Help Us," have been circulating online. Within days of arrival, some migrants removed from the U.S. to Panama had agreed to be deported to their countries of origin. 

The Panamanian government has agreed to serve as a transit or "bridge" country for deportees under a new arrangement with the United States, with the U.S. covering all operational costs. The agreement, announced [link removed] earlier this month following U.S. Secretary of State Marco Rubio’s visit to Panama, positions Panama as a key partner in the Trump administration’s expanded deportation strategy. Oversight will reportedly be provided by the International Organization for Migration (IOM) and the U.N. Refugee Agency (UNHCR). However, Panamanian lawyers have raised concerns [link removed] about the legality of detaining individuals without court orders for extended periods.  

The Panamanian government has announced plans to transfer the migrants to a jungle camp in Darién Province [link removed], a region known for harsh conditions and health risks [link removed] such as dengue fever. On February 19, Panama transferred [link removed] 97 of the deportees to the camp.  Panama’s cooperation comes amid increased diplomatic tension over control of the Panama Canal [link removed] a seismic shift in U.S. immigration policy under Trump’s second term, with Washington pressuring [link removed] other nations to participate [link removed] in its mass deportation scheme.  

Tens of Thousands of Migrant Children Denied Access to Legal Representation by Trump Administration  

On February 18, the Trump administration issued a stop-work order [link removed] for legal services provided to unaccompanied migrant children [link removed], halting representation for nearly 26,000 minors in federal custody or released to sponsors. On February 21, the stop-work order appeared [link removed] to be at least partially rescinded. 

The February 18 order, issued by the Department of the Interior and Department of Health and Human Services, affected key organizations like the Acacia Center for Justice [link removed] and Kids in Need of Defense [link removed], which provide critical legal assistance [link removed] to migrant children navigating the complex U.S. immigration system. Without legal help, unaccompanied children must represent themselves [link removed]' before an immigration judge, even if they are toddlers and do not speak English.  

In addition, last week, the Office of Refugee Resettlement (ORR) released new rules with stricter vetting requirements for sponsors [link removed] of unaccompanied minors, mandating fingerprinting for all adults in the household where a child will reside and possibly sharing this information with immigration authorities. These measures, experts warn, could discourage potential sponsors from coming forward out of fear of deportation, leading to prolonged detention for children in overcrowded shelters [link removed]. 

Advocates and legal service providers alike warn [link removed] that these decisions undermine due process, delay case resolutions, and leave children at heightened risk of trafficking, exploitation, and abuse. Data shows [link removed] that children with legal representation are far more likely to attend court hearings and receive favorable outcomes in their cases. As the administration faces mounting legal challenges over its immigration policies, legal service providers will continue to push for transparency and accountability [link removed] in addressing the needs of vulnerable migrant children. 

Immigration Enforcement Fears Expands to Sensitive Locations, Hampering Daily Life 

The Trump administration’s highly advertised [link removed] and expanded immigration enforcement operations have increasingly discouraged immigrants from visiting sensitive locations such as schools [link removed], hospitals [link removed], and courthouses [link removed], creating widespread fear among immigrant communities that ripples into American society at large. Reports from Seattle [link removed] reveal that immigrants are missing medical appointments at clinics, while schools in cities like Fresno [link removed] and Denver [link removed] are reporting drops in attendance as rumors of ICE raids spread. As a result of the administration’s messaging, parents are keeping children home, and individuals are avoiding essential services out of fear of being detained.  

Despite the administration’s at times – but not always - stated focus on removing criminals, ICE operations in recent weeks have detained individuals with no criminal records [link removed] or those complying with routine check-ins or court hearings. Meanwhile, local resources are increasingly stretched thin. In Salt Lake County, Utah, jail overcrowding led the District Attorney to warn residents that violent offenders may need to be released to make room for immigrants [link removed] detained under new policies. Critics warn that the administration’s approach is creating chaos and fear [link removed] while failing to achieve its stated goal of prioritizing the removal of dangerous individuals.  

****Legal** ** Trump Administration Fires Immigration Judges and Purges Appeals Board Members Despite Mounting Backlogs 

The Trump administration has fired 20 immigration judges [link removed] as part of its far-reaching efforts to reduce the federal workforce [link removed], despite a record-breaking backlog of 3.7 million [link removed] immigration court cases at the end of 2024. Immigration cases often take years to adjudicate, and there has historically been bipartisan support [link removed] for increasing the number of judges and support staff to address the growing caseload. However, the decision to fire judges without replacing them is expected to exacerbate delays [link removed], further straining an already overwhelmed system. Trump’s Department of Justice (DOJ) also slashed [link removed] the Board of Immigration Appeals (BIA) to nearly half its original membership, cutting nine Biden-appointees, and reducing the size of the board to fifteen members. As of January 2025, the BIA had more than 127,000 appeals pending [link removed]. 

The firings represent approximately 2% of the more than 700 immigration judges in the U.S., each of whom handles between 500 and 700 cases annually [link removed]. With President Trump’s mass deportation [link removed] efforts and increased ICE enforcement [link removed] activities funneling more individuals into immigration proceedings, the backlog inevitably will grow. Matt Biggs, president of the International Federation of Professional and Technical Engineers, which represents immigration judges, called [link removed] the firings "hypocrisy," noting that more judges are needed to enforce immigration laws. 

****State and Local** ** Iowa State Legislature Introduces Bill to Require Local Law Enforcement Agencies to Enter into 287(g) Agreements

On February 17, Iowa state legislators introduced House Study Bill 187 [link removed], which would require all local law enforcement agencies in the state to enter into 287(g) agreements [link removed] with Immigration and Customs Enforcement (ICE). These agreements would deputize local officers to perform certain federal immigration enforcement functions, such as identifying and detaining individuals suspected of being in the country without legal status. The bill mandates compliance by January 1, 2026, and includes provisions for both jail enforcement and warrant service programs. Local law enforcement officials in Iowa have expressed reluctance [link removed] to participate in immigration enforcement, citing concerns about trust and limited resources. 

Florida Revokes In-State Tuition for Undocumented Residents 

The Florida legislature voted last week to end in-state tuition for undocumented students [link removed]. The change will create significant barriers for undocumented students in Florida to attend colleges and universities, as they are not eligible for federal aid [link removed]. Undocumented students who have received an in-state tuition waiver will have their waivers reevaluated by July 1, 2025, substantially disrupting [link removed] the lives of thousands of students who have already completed a portion of their degrees. Florida was one of 25 states [link removed] to offer in-state tuition to undocumented students. 

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.628 [link removed] 

A bill to suspend the entry of covered aliens in response to the fentanyl public health crisis. 

Sponsored by Sen. Tim Scott (R-SC) 

02/19/2025 Introduced by Sen. Scott (3 [link removed] cosponsors) 

02/19/2025 Read twice and referred to the Committee on the Judiciary 

LEGISLATIVE FLOOR CALENDAR The U.S. Senate will be in session from Monday, February 24th, through Friday, February 28th. The U.S. House of Representatives will be in session from Monday, February 24th, through Thursday, February 27th. 

UPCOMING HEARINGS AND MARKUPS Here, we round up congressional hearings and markups happening in the field or in Washington.*   

Hearings to examine the nominations of Troy Edgar, of California, to be Deputy Secretary of Homeland Security, and James Bishop, of North Carolina, to be Deputy Director of the Office of Management and Budget [link removed]

Date: Tuesday, February 25, 2025, at 9:30 AM ET (Senate Committee on Homeland Security and Governmental Affairs) *Originally scheduled for 2/20/25* 

Location: 342 Dirksen Senate Office Building, Washington, D.C. 

Witnesses: Troy Edgar and James Bishop 

"Subject to the Jurisdiction Thereof": Birthright Citizenship and the Fourteenth Amendment [link removed] 

Date: Tuesday, February 25, 2025, at 2:00 PM ET (House Judiciary Subcommittee on Constitution and Limited Government) 

**Location:** 2141 Rayburn House Office Building, Washington, D.C. 

Witnesses: Charles J. Cooper (Chairman and Founding Partner, Cooper & Kirk PLLC), R. Trent McCotter (Partner, Boyden Gray PLLC), and Matt O'Brien (Director of Investigations, Immigration Reform Law Institute) 

**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); El Salvador’s State of Exception and U.S. Interests [link removed]; Publicly Released February 20th, 2025 

This report considers how American foreign policy interests intersect with El Salvador’s State of Exception, a security measure that allows Salvadoran security forces to arrest anyone suspected of belonging to or aiding gangs. Salvadoran police authorities shared data showing that the state of exception has caused a reduction in homicides, but the report states that the measure has also contributed to an increase in reported human rights abuses in the country.  

Congressional Research Service (CRS); The Alien Enemy Act: History and Potential Use to Remove Members of International Criminal Cartels [link removed]; Publicly Released February 18th, 2025  

This report examines the historical use and potential application of the Alien Enemy Act of 1798, which allows the President to detain or remove nationals of hostile nations during wartime or in response to an invasion. The report highlights the Trump administration’s unprecedented proposal to invoke the act against members of international drug cartels, raising legal and constitutional questions about whether cartel activity could be classified as an "invasion" under the act’s provisions. 

Congressional Research Service (CRS); The H-1B Visa for Specialty Occupation Workers [link removed]; Publicly Released February 18th, 2025 

This report outlines the H-1B visa program [link removed], which allows U.S. employers to hire foreign workers for specialty occupations, primarily in STEM fields, while highlighting its dual role in fostering economic competitiveness and raising concerns about labor market impacts on U.S. workers. The authors examine ongoing policy debates, including calls for reforms to address program abuse, prioritize higher-skilled workers, and balance the needs of employers with protections for domestic labor. 

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES** **Trump’s First 100 Days: Potential Immigration Actions** [link removed]

** **    Trump’s second-term immigration agenda promises sweeping changes, including mass deportations, stricter asylum restrictions, and the rollback of protections for millions. The Forum’s latest policy resource delves into the administration’s ambitious first 100-day plans and their profound legal, social, and economic implications. 

****Forum Analysis: ** ** The Forum policy team continues to analyze developments in federal immigration policy. Below are three resources we published exploring the implications of Trump's initial suite of executive orders focused on immigration.

**President Trump’s Executive Actions on Border Security** [link removed]   **President Trump’s Executive Order on the U.S. Refugee Program** [link removed]   **President Trump’s Executive Actions Relating to Immigration Enforcement and Mass Deportation** [link removed]  *As of publication (2/21/25 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 comments and suggestions for additional items to be included. Nicci can be reached at [email protected]. Thank you.** 

 

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