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, 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, July 25, 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** **

******Military Bases Expand Immigration Detention Capacity, Reports of Inhumane Conditions Grow**** ** The Trump administration awarded [link removed] a $1.26 billion contract to construct and operate a 5,000-bed tent facility at Fort Bliss [link removed], Texas, outside El Paso, creating what will be the largest immigration detention facility in the U.S. The contract, announced on July 21, is funded through the recently signed reconciliation bill [link removed], which allocated $45 billion specifically for detention capacity and $75 billion total for Immigration and Customs Enforcement (ICE) operations. The Department of Defense is also expanding [link removed] Joint Base McGuire-Dix-Lakehurst in New Jersey and Camp Atterbury in Indiana for temporary immigration detention use, approving a plan from the Department of Homeland Security (DHS) that calls for space to hold up to 1,000 people at each base. Additionally, the administration is reportedly considering deploying [link removed] 2,000 National Guard troops to assist at ICE detention facilities nationwide. 

The administration is using [link removed] emergency acquisition processes to award no-bid contracts to private corporations, with facilities across multiple states being rapidly expanded to accommodate the growing [link removed] detained population. The massive expansion of immigration detention infrastructure is coming at the same time as mounting reports indicate sub-standard conditions at existing facilities. A comprehensive investigation documented [link removed] what advocates describe as “dehumanizing” conditions at three South Florida immigration detention facilities, including prolonged shackling during transport, overcrowded cells with temperatures described as frigid, denial of medical care, and the use of solitary confinement as punishment for seeking mental health services. The report found individuals in detention were forced to sleep on concrete floors, denied basic hygiene supplies, and subjected to treatment that advocates argue violates constitutional protections and legal standards [link removed]. 

******Administration Conducts Prisoner Swap with Venezuela, Freeing Migrants Deported to El Salvador**** ** On July 18, the Trump administration conducted a prisoner swap [link removed] with Venezuela, exchanging 10 U.S. citizens for 252 Venezuelan men who had been deported to El Salvador under the Alien Enemies Act of 1798 and held at the notorious CECOT maximum-security prison for four months. The exchange concluded a contentious deportation operation that faced sustained legal challenges over alleged due process violations, after the administration appeared to disregard a federal court order directing planes carrying the Venezuelan migrants to return to the U.S. Rights groups argue [link removed] that only seven of the 252 men had serious criminal records, raising questions about the justification for their removal . The swap drew criticism [link removed] from advocates who argue the administration used vulnerable migrants as bargaining chips in diplomatic negotiation and renewed focus on the administration’s use of the Alien Enemies Act. 

The first legal challenge to the prisoner swap emerged on July 24, when Neiyerver Adrián Leon Rengel filed [link removed] an administrative claim against the U.S. government contending that he was removed without due process. The claim, which must precede any federal court action, alleges violations of constitutional protections and could pave the way for broader litigation from other Venezuelan migrants involved in the exchange. 

******U.S. Ends Temporary Protected Status for Afghanistan as Regional Expulsions Accelerate**** ** A federal court ruling [link removed] cleared the way for the Trump administration to terminate [link removed] Temporary Protected Status (TPS) [link removed] for Afghanistan on July 21, affecting approximately 11,700 Afghan nationals. These individuals, many of whom assisted [link removed] U.S. forces, have lived and worked legally in the U.S. since the country was first designated for TPS in 2022. With the designation now expired, former TPS-holders who have not already applied for asylum or other relief are vulnerable to immediate deportation to a country where they face retaliation by the Taliban.  

The loss of TPS protections in the U.S. coincides with an historic wave of forced returns of Afghans abroad. Emirati officials told [link removed] U.S. diplomats they began repatriating evacuees from Emirates Humanitarian City in early July and intended to return the remaining Afghans by July 20 despite U.S. requests for third-country resettlement days before President Trump publicly pledged [link removed] to “try to save them.” Iran also expelled [link removed] more than 500,000 Afghans as anti-refugee sentiment has grown in the weeks after its brief war with Israel. The United Nations (UN) estimates [link removed] that Iran and Pakistan together have pushed at least 1.9 million Afghans back this year, overwhelming border reception sites and prompting UN experts to warn of a “multi-layered human-rights crisis” inside Afghanistan. 

******ICE to Gain Access to Medicaid Recipients’ and Taxpayers Personal Data**** ** Immigration and Customs Enforcement (ICE) will gain access [link removed] to the personal data of all Medicaid enrollees through a formal agreement with the Centers for Medicare and Medicaid Services (CMS) signed on July 21. The agreement allows ICE officials to access names, addresses, birth dates, ethnic and racial information, and Social Security numbers for all Medicaid enrollees to “receive identity and location information on aliens identified by ICE”. Internal documents reveal significant opposition [link removed] from career civil servants, with CMS deputy director Sara Vitolo writing that “multiple federal statutory and regulatory authorities do not permit CMS to share this information with entities outside of CMS”.  

The new data sharing agreement is a significant expansion beyond the administration's previous efforts, which focused on seven states [link removed] with Democratic governors that allow non-citizens to enroll in state-funded Medicaid programs. It raises concerns that immigrants and their families may avoid [link removed] seeking emergency medical care, even in life-threatening situations, out of fear that their information could be used for enforcement purposes. Meanwhile, the Internal Revenue Service (IRS) is building [link removed] an automated system that would give ICE unprecedented access [link removed] to confidential tax information through an “on demand” process scheduled to launch by the end of July. Rights groups warn [link removed] that “record linkage errors” could result in “mistaken and dangerous ICE enforcement actions against taxpayers.” 

******H-1B Visa Cap Reached as Administration Moves to End Lottery Process**** ** U.S. Citizenship and Immigration Services (USICS) announced [link removed] on July 18 that the H-1B visa [link removed] cap for fiscal year 2026 had been reached, as the Trump administration simultaneously revives a plan to fundamentally alter the selection process. DHS submitted [link removed] a proposal for a new “Weighted Selection Process” to the Office of Management and Budget (OMB) for review. This proposal would replace the existing lottery system that has been used when H-1B registrations exceed the annual limit of 85,000 visas. In 2021, during President Trump’s first term, DHS also submitted a rule that would have ranked H-1B registrations by salary rather than using the current random lottery.  

It is unclear how closely the new rule now under review mirrors that earlier proposal, which was mostly blocked [link removed] on procedural grounds and never implemented by Biden administration. The new rule’s title suggests it may maintain some element of chance while giving preference to certain applicants, potentially based on factors like salary or education level. Observers warn [link removed] the changes could disadvantage international students and recent graduates, who typically earn lower starting salaries, with legal challenges expected on grounds that federal law requires H-1B petitions to be considered in filing order. The rule could be implemented by March 2026 for the FY 2027 H-1B selection if it clears the regulatory review process. 

****Legal** **

******Federal Appeals Court Rules Birthright Citizenship Ban is Unconstitutional  **** ** On July 23, the Ninth Circuit Court of Appeals ruled [link removed] that President Trump’s executive order ending birthright citizenship [link removed] is unconstitutional, affirming a lower court’s ruling that also blocked the order. The Justice Department argued [link removed] that a clause in the Fourteenth Amendment that states that citizenship is granted to those who are “subject to the jurisdiction thereof” of the U.S. does not apply to individuals whose parents are in the country without authorization or temporarily. On the three-judge panel, two judges rejected this argument, ruling that it runs counter to a plain reading of the Fourteenth Amendment. They called the Justice Department’s interpretation “strained” and “novel,” arguing it would overturn legal interpretations that have been accepted since 1868. Judge Patrick Bumatay, a Trump appointee, dissented in part with the ruling based on standing, but did not touch on the constitutionality of the executive order.   
 
The Ninth Circuit’s decision upheld a nationwide injunction issued [link removed] by Judge John Coughenour of the Western District of Washington, where four states had challenged the executive order on the grounds that it would require them to establish new systems for determining eligibility for state benefits and would reduce federal funding they receive. The appeals court determined that because states had brought the lawsuit, it could maintain the broad injunction despite recent Supreme Court precedent that has generally limited lower courts’ authority to issue such orders. The administration had pursued an emergency appeal to the Supreme Court regarding the birthright citizenship order, though it had strategically limited [link removed] its request to address only the scope and legality of nationwide injunctions rather than seeking a ruling on whether the executive order itself violates the Constitution. With this ruling, the issue of the constitutionality of ending birthright citizenship is one step closer [link removed] to a review by the Supreme Court. 

******Judges Rule for Release of Abrego Garcia, Blocking Swift Deportation by ICE**** ** Three federal judges issued rulings [link removed] on July 23 directing the release of Kilmar Abrego Garcia from criminal custody and establishing safeguards against his immediate re-deportation. The Maryland resident, who was wrongfully [link removed] deported to El Salvador in March and held at the notorious CECOT prison for weeks, must be freed within 30 days and allowed to return to Maryland under immigration supervision without being detained by Immigration and Customs Enforcement (ICE) upon his release. A magistrate judge in Tennesse granted Abrego Garcia’s attorneys’ request to keep him in custody for an additional 30 days while they evaluate legal options. 

U.S. District Judge Waverly Crenshaw in Tennessee, overseeing the criminal case, determined [link removed] that the government failed to justify continued detention while Abrego Garcia awaits trial on human smuggling charges scheduled to begin January 27, 2026. Simultaneously, U.S. District Judge Paula Xinis in Maryland issued [link removed] protective orders requiring ICE to provide 72 hours advance notice before any deportation to a third country and mandating that Abrego Garcia be restored to his previous supervised status in Baltimore. Both judges criticized the Justice Department’s handling of the case, with Crenshaw questioning the government’s evidence linking Abrego Garcia to MS-13 and Xinis accusing the administration of undermining due process protections. 

******Board of Immigration Appeals Limits Asylum for Victims of Gender-Based Violence**** ** The Board of Immigration Appeals (BIA) ruled [link removed] on July 18 that women cannot seek asylum based solely on their sex or sex and nationality, effectively ending three decades of legal precedent that allowed victims of gender-based violence to claim protection under U.S. asylum law. The decision in

**Matter of K-E-S-G**involves a Salvadoran woman [link removed] who fled to the U.S. after gang members stalked and threatened her while police refused to provide protection. The Board determined that as a woman from El Salvador, K-E-S-G “is not a member of a cognizable particular social group,” ruling that gender-based violence does not fit under the five existing categories for asylum protection [link removed]: race, religion, nationality, political opinion, and membership in a particular social group. 

The ruling creates significant implications, particularly for Afghan women [link removed] fleeing Taliban persecution, as the same legal reasoning would prevent them from qualifying as a “particular social group” despite the Taliban's systematic targeting of women and girls through education bans, employment restrictions, and other gender-based oppression. Immigration law professor Michael Kagan noted [link removed] the Board's contradictory position, observing that while the administration argues there are only two clearly defined genders in other contexts, it now claims women are not a “socially cognizable group”. Advocates criticized the BIA’s decision as sending a signal to immigration judges that women's claims “should not be taken seriously.” The ruling is likely to be challenged [link removed] in multiple courts.  

****State and Local****

******Administration Vows to Deploy Surge of ICE Agents in New York City After Shooting Incident****  ** On July 21, “border czar” Tom Homan and Department of Homeland Security (DHS) Secretary Kristi Noem announced they would “flood the zone [link removed],” deploying a surge of Immigration and Customs (ICE) agents to New York City. ICE has already significantly expanded [link removed] staffing and operations in the city, with DHS officials reporting a 400% [link removed] increase in ICE detainer requests there since January 20. U.S. Customs and Border Protection (CBP) officers have also increasingly [link removed] been involved in enforcement operations in New York, as part of a larger push in cities across the country. The announcement followed the shooting [link removed] of an off-duty CBP officer during an attempted armed robbery in Riverside Park, reportedly [link removed] carried out by two undocumented men from the Dominican Republic. Secretary Noem went on to blame [link removed] New York’s so-called sanctuary policies [link removed] for the incident, and the administration filed a lawsuit [link removed] against the city on July 24. 

******Federal Military Presence in Los Angeles Wanes with Withdrawal of Marines**** ** The Pentagon announced on July 21 that it will withdraw [link removed] all 700 active-duty Marines from Los Angeles, marking the end of a federal military deployment that began in response to immigration protests in June. The Marines were initially deployed to the city over strong objections [link removed] from local and state leaders, including Mayor Karen Bass and Governor Gavin Newsom, who argued that the federal military presence was unnecessary and legally questionable. The withdrawal unfolds as immigration raids [link removed] persist across Southern California 

The Marine deployment was part of a broader federal response [link removed] in Los Angeles that, at its peak, also included approximately 4,000 National Guard troops supporting immigration enforcement operations and protecting federal facilities. The Department of Defense reduced the National Guard presence in the city to 2,000 on July 15. Officials welcomed the Marine withdrawal as a step toward de-escalation, though they continue to call for the complete removal of all federal military and National Guard troops from the city. 

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.2413** [link removed] 

**Justice for Jocelyn Act** 

The bill would amend title 18 of the United States Code to assert federal jurisdiction over murders committed by certain inadmissible or deportable aliens. The legislation would establish federal prosecutorial authority in cases where individuals who are inadmissible or deportable under immigration law are accused of murder, providing an additional avenue for prosecution. 

Sponsored by Sen. John Cornyn (R-TX) (4 [link removed] cosponsors) 

07/23/2025 Introduced by Sen. Cornyn 

07/23/2025 Read twice and referred to the Committee on the Judiciary 

**S.2406** [link removed] 

**Canadian Snowbirds Act** 

The bill would amend the Immigration and Nationality Act to let eligible Canadian citizens aged 50 or older enter the United States as B-2 “visitors for pleasure” for up to 240 days per year, provided they maintain a Canadian residence, own or rent housing in the United States, and meet health-insurance and other specified requirements. 

Sponsored by Sen. Rick Scott (R-FL) (2 [link removed] cosponsors) 

07/23/2025 Introduced by Sen. Scott 

07/23/2025 Read twice and referred to the Committee on Finance 

**S.2401** [link removed] 

**287(g) Program Protection Act** 

The bill would require the Department of Homeland Security (DHS) to approve or deny 287(g) program applications within 90 days, provide written justification to Congress for denied applications, and prohibit DHS from terminating existing 287(g) agreements without cause or prior notice to Congress. 

Sponsored by Sen. James E. Risch (R-ID) (6 [link removed] cosponsors) 

07/23/2025 Introduced by Sen. Risch 

07/23/2025 Read twice and referred to the Committee on the Judiciary 

**H.R.4696** [link removed] 

**Renewing Immigration Provisions of the Immigration Act of 1929** 

The bill would update the Immigration and Nationality Act's registry provision, which was first enacted in 1929 and last updated in 1986 with a cutoff date of January 1, 1972. The legislation would allow immigrants who have been continuously present in the United States for at least seven years and have a clean record to apply for permanent residency. The registry provision provides a legal pathway to lawful permanent residence for long-term residents, including immigrant youth raised in America, workers with Temporary Protected Status, and professionals stuck in visa backlogs. 

Sponsored by Rep. Zoe Lofgren (D-CA-18) (27 [link removed] cosponsors) 

07/23/2025 Introduced by Rep. Lofgren 

07/23/2025 Referred to the House Committee on the Judiciary 

**H.R.4687** [link removed] 

**Partner with Korea Act** 

The bill would build on the U.S.–Korea Free Trade Agreement (KORUS FTA) by creating an allotment of 15,000 E-4 highly skilled work visas annually for Korean nationals with specialized education or expertise. The legislation requires that potential employers ensure visa holders are not hired for positions that American workers could fill, similar to visa categories created through free trade agreements with countries such as Australia and Singapore. 

Sponsored by Rep. Young Kim (R-CA-40) (1 [link removed] cosponsor) 

07/23/2025 Introduced by Rep. Kim 

07/23/2025 Referred to the House Committee on the Judiciary 

**H.R.4667** [link removed] 

**Visible Identification Standards for Immigration-Based Law Enforcement (VISIBLE) Act of 2025** 

The bill would require immigration enforcement officers to display clearly legible identification, including their agency name or initials and either their name or badge number, in a manner that remains visible and unobscured by tactical gear or clothing. The legislation would prohibit non-medical face coverings that obscure identity or facial visibility, with exceptions for environmental hazards or covert operations, and require DHS to establish disciplinary procedures for violations. This is the companion bill to S.2212. [link removed]

Sponsored by Rep. Vicente Gonzalez (D-TX-34) (3 [link removed] cosponsors) 

07/23/2025 Introduced by Rep. Gonzalez 

07/23/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security 

**H.R.4652** [link removed] 

**To enhance penalties for the unauthorized use and sale of Immigration and Customs Enforcement apparel and insignia, and for other purposes** 

Sponsored by Rep. Adriano Espaillat (D-NY-13) (1 [link removed] cosponsor) 

07/23/2025 Introduced by Rep. Espaillat 

07/23/2025 Referred to the House Committee on the Judiciary 

**H.R.4651** [link removed] 

**To require immigration enforcement staff to wear body cameras, and for other purposes** 

The bill would require immigration enforcement staff to wear body cameras. 

Sponsored by Rep. Adriano Espaillat (D-NY-13) (0 cosponsors) 

07/23/2025 Introduced by Rep. Espaillat 

07/23/2025 Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means 

**H.R.4638** [link removed] 

**Bill to Outlaw Wounding of Official Working Animals Act** 

The bill would amend the Immigration and Nationality Act to make aliens who have been convicted of harming animals used by federal law enforcement agencies inadmissible and deportable. 

Sponsored by Rep. Ken Calvert (R-CA-41) (14 cosponsors) 

07/23/2025 Introduced by Rep. Calvert 

07/23/2025 Referred to the House Committee on the Judiciary 

**H.Res.604** [link removed] 

**A resolution unequivocally condemning nationwide violent attacks on Federal agents enforcing America's immigration laws** 

Sponsored by Rep. Darrell Issa (R-CA) (1 [link removed] cosponsor) 

07/23/2025 Introduced by Rep. Issa 

07/23/2025 Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Ways and Means 

LEGISLATIVE FLOOR CALENDAR The U.S. Senate will be in session Monday, July 28, through Friday, August 2, while the House of Representatives will be in recess until Tuesday, September 2.  

**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);****Global Refugee Resettlement: Background and Selected Issues** [link removed]

**; Publicly Released July 24, 2025**  This report examines the global refugee resettlement process, providing background on how refugees are transferred from countries of first asylum to third countries offering permanent settlement. The report analyzes current displacement trends, eligibility criteria for resettlement, and the international mechanisms involved in moving refugees from temporary protection to durable solutions with access to full legal rights and permanent residence status. 

**Department of Homeland Security Office of Inspector General (DHS OIG);****CBP's Lack of Familial DNA Testing Limits Detection of Fraudulent Relationships** [link removed]

**; Publicly Released July 17, 2025**  This report examines U.S. Customs and Border Protection's (CBP) use of familial DNA testing to verify biological parent-child relationships among migrant family units. The audit found that CBP conducted 314 DNA tests on 0.01 percent of 2.7 million individuals claiming to be family units from September 2021 to September 2024, with over 14 percent of tests indicating no biological relationship, and identifies gaps in testing protocols and tracking mechanisms for program assessment. 

**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 Lifeblood of Care: Immigrants Driving Health Care Forward** [link removed]

****  Our latest paper examines the growing need for professional health care workers, the role immigrants already play in the professional health care sector, the important role immigrants can play in helping fill the professional health care shortages, and recommendations addressing legislative solutions. 

**The Dignity Act of 2025: Bill Summary** [link removed]  Our bill summary details the main provisions and key takeaways from the newly introduced Dignity Act of 2025. The bill would strengthen border security, provide undocumented individuals with an opportunity to obtain legal status if they meet certain requirements, and update aspects of the U.S. legal immigration system. 

**Explainer: U.S. Immigration Detention and Custody Standards** [link removed]  Our explainer examines how U.S. immigration detention and custody facilities, operated by agencies like ICE, CBP, and ORR are governed by a patchwork of constitutional, statutory, and agency-specific standards. It highlights ongoing challenges such as inadequate oversight, prolonged detentions, and insufficient protections for vulnerable populations, underscoring the need for stronger scrutiny as detention capacity could expand dramatically due to funding included in reconciliation. 

*As of publication (7/25/25 at 3:30PM 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****[email protected]** mailto:[email protected]

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