Legislative Bulletin

 

 

Howdy,

Welcome to the National Immigration Forum's weekly bulletin. Every Friday, our policy team rounds up key developments around immigration policy in Washington, D.C., 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

***

LEGISLATIVE BULLETIN — Friday, May 2, 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** **

******Second Trump Administration’s First 100 Days Marked by Extraordinary Measures on Immigration, Marred by Deportations Involving U.S. Citizen Children****** The second Trump administration has implemented unprecedented changes to U.S. immigration policy during its first 100 days [link removed]. Among many significant actions since January, the administration has declared [link removed] a national emergency at the border, deployed [link removed] approximately 10,000 military personnel, expanded [link removed] expedited removal nationwide, and set an ambitious goal [link removed] of deporting one million immigrants annually, more than triple the previous record. Border encounters have plummeted to historic lows [link removed] as the Trump administration has systematically dismantled humanitarian pathways established under the previous administration, suspended [link removed] refugee admissions, terminated or moved to end parole and Temporary Protected Status for several nationalities, and introduced new measures to promote [link removed] voluntary departure.

The administration's aggressive enforcement actions have led to several high-profile incidents involving U.S. citizen children caught in deportation proceedings and migrant children left behind. In Louisiana, three U.S. citizen children [link removed] were deported to Honduras with their undocumented mothers after the families attended routine check-ins with immigration authorities. Among them was a 4-year-old boy with Stage 4 cancer who was removed without his medication or access to medical care. According to court documents, the families were denied meaningful access to legal counsel and prevented from consulting with other family members before deportation. In one case, a federal judge expressed [link removed] "strong suspicion that the government just deported a U.S. citizen with no meaningful process." However, his order did not result in the child's return. In a separate case that has drawn international [link removed] attention, a 2-year-old Venezuelan girl [link removed], Maikelys Antonella Espinoza Bernal, was placed in foster care after both her parents were deported. When her mother was deported on April 25, she was shown documents suggesting her daughter would accompany her. Still, the child was removed from the flight manifest at the last minute, with DHS citing concerns for the child's "safety and welfare."

Even U.S. citizens not directly targeted by immigration enforcement have been impacted by the administration's expanded operations. On April 24, ICE agents raided [link removed] the Oklahoma City home of a mother and her three daughters, all U.S. citizens who had moved to the property just two weeks earlier. The agents forced the family outside in their undergarments and, according to the mother, left without providing contact information or a means to recover their belongings. While DHS acknowledged the family was not the intended target, it defended the raid as "part of a larger operation" that resulted in the indictment of eight Guatemalan nationals.

As the administration continues to pursue its immigration agenda, the cases of U.S. citizen children being deported, families being mistakenly targeted, and citizens caught in enforcement actions underscore the far-reaching impacts of policy changes implemented during the first 100 days, raising significant questions about due process protections [link removed] and constitutional rights [link removed] for both immigrants and citizens alike.

******House GOP Bill to Fund Largest Immigration Detention Expansion in U.S. History and Impose Record Fees on Applicants Advances from Committee****** The House Judiciary Committee has advanced [link removed] a sweeping reconciliation bill that would allocate $45 billion to expand immigrant detention capacity, representing more than a twelvefold increase over current funding levels and the largest such investment in U.S. history. The bill would enable Immigration and Customs Enforcement (ICE) to detain up to 100,000 people [link removed] at a time-nearly triple the daily average under the previous administration [link removed] could support the detention of up to five million people [link removed] or at least one million a year over five years. Funding would also cover the construction of new detention centers, hiring of at least 10,000 additional ICE officers and staff, and $14 billion for transportation and removal operations, with appropriations available through 2029.

To help offset these costs, the bill [link removed] advanced on April 30 proposes a wide range of new and increased fees for immigrants and applicants for legal status, including a $1,000 non-waivable fee for asylum applications, $550 fees for initial and renewal work permits, $500 for Temporary Protected Status, $1,000 for parole, and $250 for diversity visa registration, among others. However, the revenue generated from these fees would be minimal compared to the scale of new detention and enforcement funding. Observers argue that the fee structure would create significant barriers [link removed] for many individuals seeking humanitarian protection or legal status, while doing little to meaningfully finance the administration’s mass deportation goals. The bill now moves to the full House for consideration.

******White House Targets Sanctuary Cities and States****** President Trump signed an executive order [link removed] on April 28 directing the Attorney General and Secretary of Homeland Security to create a national list of "sanctuary jurisdictions [link removed]" that "obstruct the enforcement of federal immigration laws." The order instructs federal officials to "pursue all necessary legal remedies and enforcement measures" against non-compliant cities and states, with the potential consequence of losing federal funding. While the executive order does not specify exact criteria for what constitutes a "sanctuary city," the term typically refers [link removed] to jurisdictions with policies limiting local law enforcement cooperation with Immigration and Customs Enforcement (ICE) without a federal warrant. Major cities like Boston, Denver, Chicago, and New York have such policies in place, and their mayors were called to a hearing [link removed] on Capitol Hill in early March to defend these approaches.

This executive order represents the latest attempt by the Trump administration to target sanctuary jurisdictions. On April 24, a federal judge in California ruled [link removed] against the administration's previous efforts to deny or condition federal funding to these cities and states. The administration has consistently argued [link removed] that sanctuary policies illegally shield undocumented immigrants, but legal experts note that the Tenth Amendment establishes clear constitutional limits on federal authority in this area. The amendment prohibits the federal government from commanding state and local officials to enforce federal regulatory programs, including immigration enforcement. This constitutional principle means that cooperation with ICE remains voluntary for states [link removed] and municipalities, not mandatory, regardless of the administration's new directive.

******U.S. Postal Inspection Service Joins Federal Immigration Enforcement Effort****** In an unprecedented move, the Trump administration has further expanded its immigration enforcement campaign by partnering with the U.S. Postal Inspection Service, the law enforcement arm of the Postal Service, to help locate and detain individuals suspected of being in the country unlawfully. As first reported [link removed] by the Washington Post on April 29, the Postal Inspection Service recently joined a Department of Homeland Security (DHS) task force and is now providing immigration officials with access to a range of data, including mail and package tracking, photographs of the exterior of envelopes and parcels, credit card and financial information, IP addresses, and online account data. The Postal Inspection Service’s involvement in immigration enforcement is a substantive shift from its traditional focus on protecting the mail system and investigating mail-related crimes. DHS officials described [link removed] the partnership as in keeping with the president’s "promise" to use every available federal resource to support deportation operations.

This collaboration was observed [link removed] during a recent multi-agency raid in Colorado Springs [link removed], where postal inspectors participated alongside the FBI and IRS and more than 100 migrants were apprehended.

****Legal** **

******Trump-Appointed U.S. District Judge Finds Administration’s Use of Alien Enemies Act "Unlawful"****** In a landmark decision on Thursday, U.S. District Judge Fernando Rodriguez, a Trump appointee in the Southern District of Texas, ruled [link removed] that President Trump unlawfully invoked the Alien Enemies Act to rapidly deport Venezuelan migrants alleged to be members of the Tren de Aragua gang. The 36-page ruling [link removed] imposes a permanent injunction [link removed] against the administration, barring it from using the 18th-century wartime statute to detain or expel Venezuelans in South Texas. Judge Rodriguez found [link removed] that the president exceeded his authority, concluding that the Alien Enemies Act applies only in cases of declared war or armed invasion, not to criminal activity by non-state actors. He wrote that the administration’s claims of a gang "invasion [link removed]" did not meet the statute’s requirements and that the president cannot unilaterally declare such conditions to trigger sweeping deportation powers.

This decision is the first permanent ruling [link removed] on the legality of the Trump administration’s use of the Alien Enemies Act, following a series of temporary blocks issued by courts in Colorado, New York, and Pennsylvania. The administration is expected to appeal the decision to the Fifth Circuit Court of Appeals. Meanwhile, the Supreme Court has required [link removed]. that any migrants targeted under the act must be given meaningful notice and an opportunity to contest their removal in court, reinforcing the importance of due process in these proceedings.

****State and Local** **

******"Operation Tidal Wave" Concludes in Florida****** Immigration and Customs Enforcement (ICE) has announced [link removed] the completion of a "massive, multi-agency immigration enforcement crackdown" called Operation Tidal Wave that has resulted in the arrests of over 1,000 people. ICE claimed that 63% of those arrested had "previous criminal arrests or convictions" and hailed the operation as a "first-of-its-kind" partnership between federal and state agencies, as well as local law enforcement. The Department of Homeland Security (DHS) said in a statement [link removed]. that this kind of collaborative operation between local, state, and federal agencies is "a preview of what is to come around the country."

According to a statement [link removed] by Governor Ron Desantis, Florida is "leading the nation" in its cooperation with federal immigration authorities and its embrace [link removed] of aggressive enforcement tactics. Earlier this year, Mr. DeSantis announced that all 67 county sheriff’s offices had adopted 287(g) agreements [link removed], which allow the federal government to engage in formal partnerships with local and state law enforcement agencies to delegate expanded immigration enforcement prerogatives. Florida is the first state in the country [link removed] to have such an extensive network of these agreements.

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.1522** [link removed]

****

**District of Columbia Federal Immigration Compliance Act**

The bill [link removed] would require the District of Columbia to work with Immigration and Customs Enforcement (ICE) and U.S. Department of Homeland Security (DHS) to honor detainer requests.

Sponsored by Sen. Bill Hagerty (R-TN) (0 [link removed] cosponsors)

04/30/2025 Introduced by Sen Hagerty

04/30/2025 Read twice and referred to the Committee on Homeland Security and Governmental Affairs

**S.1517** [link removed]

****

**The Better Enforcement of Grievous Offenses by unNaturalized Emigrants (BE GONE) Act**

The bill [link removed] would include sexual assault and aggravated sexual violence in the definition of aggravated felonies under the Immigration and Nationality Act to expedite the removal of noncitizens convicted of such crimes. Its companion bill at the House of Representatives is H.R.3064. [link removed]

Sponsored by Sen. Joni Ernst (R-IA) (14 [link removed] cosponsors)

04/29/2025 Introduced by Sen. Ernst

04/29/2025 Read twice and referred to the Committee on the Judiciary

**H.R.3070** [link removed]

**A bill to amend the Immigration and Nationality Act to authorize admission of Canadian retirees as long-term visitors for pleasure described in section 101(a)(15)(B) of such Act, and for other purposes.**

Sponsored by Rep. Laurel M. Lee (R-FL-15) (13 [link removed] cosponsors)

04/29/2025 Introduced by Rep. Lee

04/29/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means

LEGISLATIVE FLOOR CALENDAR The U.S. Senate will be in session Monday, May 5, through Friday, May 9, while the House of Representatives will meet Monday, May 5, through Thursday, May 8.

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

Oversight Hearing – U.S. Department of Homeland Security [link removed]

**Date:**Tuesday, May 6, 2025, at 10:00 AM ET (House Appropriations Subcommittee on Department of Homeland Security)

**Location:**2358-C Rayburn House Office Building, Washington, D.C.

**Witnesses:**Kirsti Noem (Secretary of the Department of Homeland Security)

A Review of the President's Fiscal Year 2026 Budget Request for the Department of Homeland Security [link removed]

**Date:**Thursday, May 8, 2025, at 10:00 AM ET (Senate Appropriations Subcommittee on Department of Homeland Security)

**Location:**124 Dirksen Senate Office Building, Washington, D.C.

**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);****Recent Executive Branch Actions on Immigration (Part 1)** [link removed]

**; Publicly Released May 1, 2025** This report provides an overview of select executive actions and directives issued by the Trump administration to date that are related to the southern border, applicants for admission, border security, and the admission of refugees. It is the first in a two-part series.

**Congressional Research Service (CRS);****Recent Executive Branch Actions on Immigration (Part 2)** [link removed]

**; Publicly Released May 1, 2025**

This report provides an overview of select executive actions and directives issued by the Trump administration to date that are related to interior immigration enforcement, public safety and national security, and eligibility for U.S. citizenship. It is the second in a two-part series.

**Congressional Research Service (CRS);****J.G.G. v. Trump: Supreme Court’s Initial Review of Actions Taken Under the Alien Enemy Act** [link removed]

**; Publicly Released April 28, 2025**

This report discusses the litigation, captioned

**J.G.G. v. Trump**, with a focus on the government's argument that the United States is experiencing an "invasion" within the meaning of the Alien Enemies Act.

**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: 

**The First 100 Days of the Second Trump Administration: Key Immigration-Related Actions and Developments** [link removed] Through a rapid series of executive actions, agency directives, and regulatory changes, the administration has, among many other things, prioritized operational control at the border, increased detention and removal operations, and introduced new restrictions on asylum, refugee resettlement, and legal immigration. Our article examines the sweeping changes implemented since January 20, 2025 in 10 key areas impacting U.S. immigration policy.

**Are Sanctuary Policies Unlawful? State and Municipal Prerogatives to Collaborate with Federal Immigration Authorities** [link removed] 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** [link removed] 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 (5/2/25 at 1PM EST)

**Special thanks to policy intern, Katerina Diamond-Sagias. 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****[email protected]** mailto:[email protected]

**. Thank you.**

 

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