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, 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: https://immigrationforum.org/article/legislative-bulletin-friday-may-9-2025/.
With hope,
Nicci
LEGISLATIVE BULLETIN — Friday, May 9, 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
Administration Announces Financial Incentives for Voluntary Departure Program
The Trump administration unveiled a new initiative on May 5, offering $1,000 stipends and free airline tickets to undocumented immigrants who agree to "self-deport" to their home countries. Department of Homeland Security Secretary Kristi Noem described the program as a "dignified way" to leave the U.S., noting that participants would receive travel assistance and financial support paid after their departure is confirmed. The administration has rebranded the CBP One app, previously established by the Biden administration to schedule legal entry appointments, as "CBP Home" to facilitate the voluntary departure process.
The Department of Homeland Security (DHS) said that one migrant has already used the program to return to Honduras from Chicago, with additional departures scheduled in the coming weeks. DHS announced that immigrants who register their "Intent to Depart" through the app will be "deprioritized for detention and removal" while they make arrangements to leave. Some members of Congress have expressed skepticism about the program, with Rep. Adriano Espaillat (D-NY-13) criticizing it as "pay-to-deport" and Aaron Reichlin-Melnick of the American Immigration Council warning that leaving the country could have serious legal consequences for migrants already in removal proceedings. The move comes as the administration scales back protections for at-risk populations held in U.S. Customs and Border Protection’s (CBP) custody. Sen. Durbin (D-IL), former chairman of the Senate Judiciary Committee and current ranking member said that he had recently sent letters that "raised serious concerns about transparency, accountability, and the humane treatment of detained individuals, particularly in light of repeated reports of detainee mistreatment and inadequate medical care," and the administration had instead "rescinded several internal policies aimed at protecting...pregnant women, infants, the elderly, and people with serious medical conditions."
Declassified Intelligence and Court Rulings Further Challenge Administration's Alien Enemies Act Deportations
Two more federal judges have ruled against the Trump administration's use of the Alien Enemies Act (AEA), further restricting the government's deportation efforts. On May 6, U.S. District Judge Alvin Hellerstein in New York issued a 22-page decision blocking the administration from deporting noncitizens detained in the Southern District of New York under the AEA, finding that the president's proclamation "was not validly invoked" because the administration failed to demonstrate the existence of a war, invasion, or predatory incursion as required by the statute. The following day, U.S. District Judge Charlotte Sweeney in Colorado issued a similar ruling, barring the administration from using the AEA to remove migrants in her jurisdiction. These judicial challenges have gained significant support from a recently declassified intelligence assessment that directly contradicts a key claim underlying the administration's use of the AEA. The April 7 National Intelligence Council memo, released on May 5, states that most of the intelligence community "judges that intelligence indicating that regime leaders are directing or enabling Tren De Agua (TDA) "migration to the United States is not credible."
Meanwhile, federal judges have ordered the return of at least two men wrongfully deported to El Salvador's CECOT prison. On May 6, U.S. District Judge Stephanie Gallagher, a Trump appointee, reaffirmed her order requiring the administration to "facilitate" the return of Daniel Lozano-Camargo, a 20-year-old Venezuelan deported in violation of a 2024 settlement agreement protecting asylum seekers who arrived as unaccompanied minors. Rejecting the government's argument that his asylum claim would ultimately be denied, Judge Gallagher emphasized, "We don't skip to the end and say, 'We all know how this is going to end up'... My order requires that Cristian be returned to this country to get the process." The judge has given the administration 48 hours to appeal before she begins requiring regular updates on efforts to secure his return, similar to the ongoing case of Kilmar Abrego Garcia, who was deported despite a 2019 withholding order protecting him from removal to El Salvador.
Newly Established Military Zones at U.S.-Mexico Border Result in Hundreds of Arrests
The Trump administration has established two "National Defense Areas" along the U.S.-Mexico border, transforming portions of the southern boundary into military zones where migrants face enhanced criminal penalties. The first zone, designated in April, along New Mexico's border with Mexico is considered an extension of Fort Huachuca in Arizona. The second zone, established on May 1, is designated as part of Fort Bliss in Texas. This unprecedented use of military zones for immigration enforcement has sown legal confusion. As of May 9, more than 200 migrants have been charged with multiple offenses for entering these military zones, facing significantly harsher penalties than traditional immigration violations. Military-related charges carry substantially higher penalties, including up to one year in prison and fines up to $100,000, compared to the six-month maximum sentence for standard illegal entry charges.
The administration’s use of the military in immigration enforcement through the designation of these zones is testing the limits of the Posse Comitatus Act of 1878, which generally prohibits military involvement in civilian law enforcement. By classifying these border areas as military installations, the administration can invoke the "military purpose doctrine," which allows troops to protect military property from trespassers. While approximately 6,600 soldiers and Marines are presently deployed to the southern border, military personnel have not yet directly detained migrants; instead, troops detect individuals entering the zones and alert Border Patrol agents who make the arrests.
U.S. Officials Consider Libya and Other Third Countries for Deportations
Reports indicated that Trump administration officials are seeking to deport undocumented immigrants to Libya and other "third countries" that are willing to accept them. The Trump administration has reportedly approached multiple countries with requests to accept undocumented immigrants, including Rwanda, Saudi Arabia, Angola, Equatorial Guinea, Ukraine, and Libya. While the U.S. has not yet announced any formal agreements with these nations, a few unnamed administration officials confirmed to multiple news sources that deportations to Libya could happen as early as this week. However, District Court judge Brian Murphy clarified that a previous injunction he had issued already barred such flights, saying: "If there is any doubt – the Court sees none – the allegedly imminent removals would clearly violate this Court’s Order."
When asked during an Oval Office press conference about his administration’s plan to deport immigrants to Libya, President Trump said he didn’t know about any such plans and directed reporters to "ask Homeland Security." The Libyan Ministry of Foreign Affairs and International Cooperation said in a statement that it "categorically denies any agreement or coordination with US authorities regarding the deportation of migrants to Libya." Rwanda, however, has confirmed that it has engaged in discussions with administration officials on an agreement to accept immigrants deported from the US. Similar past agreements made between Rwanda and other countries such as UK, Israel and Denmark, failed after logistical, financial, and human rights concerns.
Farm Workforce Modernization Act Reintroduced by Bipartisan Group in the House
A bipartisan group of House lawmakers reintroduced the Farm Workforce Modernization Act on May 8. The legislation, introduced as H.R. 3227, is sponsored by a bipartisan group, including Representatives Zoe Lofgren (D-CA-18) and Dan Newhouse (R-WA-18). This marks the fourth time the bill has been introduced, having previously passed the House with strong bipartisan support in both the 116th and 117th Congresses before stalling in the Senate.
"The men and women who work America's farms feed the nation. However, in the past few years, we've seen labor shortages contribute to high food prices," said Rep. Lofgren, emphasizing the need for workforce stability. Rep. Newhouse added that the bill "sends a clear message to farmers that we are working hard to find solutions that ease the burdens brought on by the current state of the H-2A program." The bill proposes significant reforms to the H-2A agricultural guest worker program, including expanding access to year-round industries like dairy farming, streamlining the hiring process, and improving worker housing requirements. However, among other issues, industry leaders had expressed concerns about how wages would be set under a previous version of the bill. According to sources familiar with the negotiations, the current reintroduction serves primarily as a marker, with lawmakers planning to continue refining the bill to increase its chances of passage. The timing of the reintroduction comes amid heightened concerns about potential labor shortages in the agricultural sector due to the Trump administration's immigration policies.
Legal
Federal Judge in Washington Sets Timeline for Resumption of Refugee Resettlement Program
U.S. District Judge Jamal Whitehead in Washington has ordered the Trump administration to admit approximately 12,000 refugees into the U.S., rejecting the government's claim that it only needed to process 160 individuals. The ruling clarifies a previous Ninth Circuit Court of Appeals decision that partially blocked the administration's January 20 executive order suspending the U.S. Refugee Assistance Program (USRAP). In his May 6 decision, Judge Whitehead dismissed the Justice Department's interpretation as "not just reading between the lines, but hallucinating new text that simply is not there," and ordered immediate resumption of processing for refugees who had "arranged and confirmable" travel plans before the program was suspended. The case began when faith-based refugee aid organizations filed a lawsuit challenging President Trump's executive order that indefinitely halted USRAP, a program established by Congress in 1980 for people fleeing persecution, wars, or natural disasters.
Jude Whitehead’s decision established a detailed compliance framework with specific deadlines, including that, by May 19, officials must notify all affected refugees about resumed processing, restore funding to domestic resettlement agencies, and resume International Organization for Migration-facilitated travel. While the administration is expected to seek further clarification or appeal the ruling, it was reported on May 8 that a "top State Department official" had informed South African officials about plans to transport 54 Afrikaners to the U.S. on May 11, despite South Africa's vigorous dispute of the U.S. claim that Afrikaners qualify for refugee status and while USRAP remains suspended for refugees from other parts of the world.
Judge Orders Release of Rumeysa Ozturk, Tufts University PhD Student
U.S. District Judge William Sessions III ordered the immediate release of Rumeysa Ozturk, a Turkish PhD student at Tufts University, after more than six weeks in ICE detention, mostly in Louisiana. During a three-hour hearing on Friday, May 9, Judge Sessions ruled that Ozturk had been unlawfully detained in March "for little more than authoring an op-ed critical of Israel in her school newspaper." The Clinton-appointed judge found serious claims "of both due process and first amendment violations." He added that "her continued detention potentially chills the speech of the millions and millions of individuals in this country who were not citizens."
The case stems from Secretary of State Marco Rubio's decision to revoke Ozturk's visa, claiming her presence was "contrary to American foreign policy interests." Ozturk was arrested by masked federal agents on March 25 outside her Somerville apartment. Judge Sessions ruled that "her continued detention cannot stand" and declined to impose any travel restrictions, stating "I don't find that she poses any risk of flight." While this ruling secures her immediate release, efforts by the Trump administration to deport Ozturk will continue in immigration court. During the hearing, Ozturk testified about her worsening health in detention. Jessica McCannon, an asthma specialist from Massachusetts General Hospital who assessed Ozturk remotely, testified that her asthma is "poorly controlled" and would continue to worsen to the point of potentially requiring emergency medical services if she remained in detention. Ozturk also testified that a nurse at the Louisiana facility had forcefully removed her hijab, telling her "you need to take that thing off your head." The ruling comes just days after another Vermont-based federal judge ordered the release of Mohsen Mahdawi, a Columbia University student and U.S. permanent resident who had been active in campus protests.
State and Local
Tennessee Highway Patrol and ICE Conduct Joint Operations in Nashville Neighborhoods
The Tennessee Highway Patrol (THP) and U.S. Immigration and Customs Enforcement (ICE) conducted a coordinated immigration enforcement operation in predominantly Latino neighborhoods of South Nashville starting on May 3, resulting in approximately 468 traffic stops and 94 individuals being detained by ICE as of May 8. According to THP, the operation has targeted "areas with a history of serious traffic crashes and suspected gang activity," though community organizations have raised concerns about potential racial profiling. Community organizations are rushing to identify detainees, as many have been transferred to detention facilities in Louisiana.
Nashville Mayor Freddie O'Connell emphasized that the Metro Nashville Police Department was not involved in the traffic stops or detentions, describing the operation as causing "deep community harm" to the city's immigrant communities. In response to the operation, Nashville officials announced the creation of a "Belonging Fund" in partnership with the Community Foundation of Middle Tennessee to provide emergency assistance to affected families. The fund can be used for housing, food, transportation, and childcare, and is described by organizers as reinforcing "connection at a time when it may feel most at risk."
Washington DC Restaurants Report ICE Inspections of Employment Records
Immigration and Customs Enforcement (ICE) agents visited more than 100 businesses in the Washington, D.C. area this week as part of what the agency described as "worksite enforcement operations" to ensure compliance with immigration and employment laws. According to the Department of Homeland Security (DHS), no arrests were made during these inspections, though the agency indicated that agents would return in the coming days to collect documentation from businesses. The restaurant inspections have created significant anxiety within D.C.'s vibrant food service industry and immigrant communities. The inspections come as Mayor Bowser has publicly distanced herself from D.C.’s sanctuary city status, stating in February that while the designation is "an expression of our values," she characterized it as not a binding legal concept and emphasized that the city would not hinder federal immigration enforcement efforts.
Nonetheless, Mayor Muriel Bowser expressed concern about the inspections, stating she was "disturbed" that ICE appeared to be targeting restaurants rather than criminals, while emphasizing that the Washington D.C. Metropolitan Police Department was not involved. The Restaurant Association Metropolitan Washington warned that the enforcement actions could have serious economic consequences, noting that "immigrants make up a significant portion of our workforce at all levels" and that "losing even one staff member at a single establishment has a profound impact." Community organizations reported a surge in calls to emergency hotlines, with the Migrant Solidarity Mutual Aid Network doubling staff for their hotline due to unprecedented volume.
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.
A bill to amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, and for other purposes.
Sponsored by Sen. Chuck Grassley (R-IA) (11 cosponsors)
05/05/2025 Introduced by Sen. Grassley
05/05/2025 Read twice and referred to the Committee on the Judiciary
Venezuelan Adjustment Act
The bill would designate eligible Venezuelans for Temporary Protected Status (TPS) for an initial period of 18 months, with the option of renewal.
Sponsored by Rep. Darren Soto (D-FL-9) (2 cosponsors)
05/08/2025 Introduced by Rep. Soto
05/08/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget
A bill to amend title 18, United States Code, to assert jurisdiction over murders committed by certain inadmissible or deportable aliens.
Sponsored by Rep. Morgan Luttrell (R-TX-8) (8 cosponsors)
05/08/2025 Introduced by Rep. Luttrell
05/08/2025 Referred to the House Committee on the Judiciary
Farm Workforce Modernization Act
The bill would update the H-2A agricultural guest worker program, establish a program for US agricultural workers to earn legal status through continued agricultural employment, and improves the program to be more responsive and user-friendly for employers.
Sponsored byRep. ZoeLofgren (D-CA-18) (5 cosponsors)
05/07/2025 Introduced by Rep. Lofgren
05/07/2025 Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, and Financial Services
A bill to amend the Immigration and Nationality Act to provide additional criminal penalties for aliens who are unlawfully present in the United States and are convicted of crimes, and for other purposes.
Sponsored by Rep. Brad Knott, Brad (R-NC-13) (29 cosponsors)
05/07/2025 Introduced by Rep. Knott
05/07/2025 Referred to the House Committee on the Judiciary
A bill to amend the Immigration and Nationality Act to provide for a limitation on availability of student visas for institutions in sanctuary jurisdictions.
Sponsored by Rep. Harriet M. Hageman (R-WY-At Large) (3 cosponsors)
05/07/2025 Introduced by Rep. Hageman 05/07/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session Monday, May 12, through Friday, May 16, while the House of Representatives will meet Tuesday, May 13, through Friday, May 16.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington relevant to immigration policy.
Date: Wednesday, May 14, 2025 at 10:00 AM ET (House Committee on Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Date: Wednesday, May 14, 2025 at 10:00 AM ET (House Appropriations Subcommittee on Department of Homeland Security)
Location: 2362-A Rayburn House Office Building, Washington, D.C.
Witnesses: Todd Lyons (Acting Director, U.S. Immigration and Customs Enforcement)
Date: Thursday, May 15, 2025 at 10:00 AM ET (House Appropriations Subcommittee on Department of Homeland Security)
Location: 2362-A Rayburn House Office Building, Washington, D.C.
Witnesses: Pete Flores (Acting Commissioner, U.S. Customs and Border Protection)
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:
Our fact sheet provides a quick overview of the different groups facing either an imminent or potential revocation of their respective work authorizations. We estimate that the number of immigrants who may lose their work authorization before the end of the year could surpass 2 million.
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.
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 (5/9/25 at 3PM 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]. Thank you.
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