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
Shutdown Ends, as Democrats and Republicans Negotiate Over DHS
Congress ended the government shutdown on February 3 by approving $1.2 trillion in funding for the Pentagon and all domestic agencies except the Department of Homeland Security (DHS), which received a two-week extension at current levels. The separate DHS funding extension sets up a February 17 deadline for Democrats and Republicans to negotiate new immigration enforcement rules, with only 21 House Democrats voting for the broader spending package. President Trump agreed to the separate DHS funding approach last week after speaking with Senate Minority Leader Chuck Schumer, with House Speaker Mike Johnson saying they were "on the path to get agreement."
Democrats are demanding "dramatic changes" to ICE and CBP operations, including requiring officers to unmask and identify themselves, use judicial warrants rather than administrative warrants in certain cases, end roving patrols and racial profiling, wear body cameras that stay on, and establish a uniform code of conduct with state cooperation in investigations. Sen. Schumer and House Minority Leader Hakeem Jeffries told reporters they are "drawing a line in the sand" and will block DHS funding without real accountability following the January shootings of two Minneapolis citizens. Republicans have pushed back on several demands, with Speaker Johnson arguing that unmasking agents would expose them to harassment and that judicial warrants would "add an entirely new layer" to enforcement operations. Senate Majority Leader John Thune called reaching agreement in two weeks "an impossibility." House Republicans are also seeking their own priorities in the DHS bill, including proof of citizenship requirements for voter registration and restrictions on sanctuary cities.
Trump Administration Announces It Will Withdraw Some Agents from Minnesota, Implement Body Camera Policy
The Trump administration implemented several changes for federal immigration enforcement agents in Minnesota following the fatal shootings of protesters Renee Good and Alex Pretti in Minneapolis on January 26. On February 4, Trump administration border czar Tom Homan announced that, effective immediately, 700 Immigration and Customs Enforcement (ICE) agents were withdrawn from Minnesota, with Homan stating the pullback was necessary because "we can't have our officers put at risk" amid protests and local opposition to enforcement operations. Department of Homeland Security (DHS) Secretary Kristi Noem also announced that ICE agents nationwide would now wear body cameras during enforcement operations, a policy shift that advocates have long demanded to increase accountability and transparency in immigration enforcement activities.
Despite these changes, Vice President JD Vance emphasized that enforcement from ICE agents will continue, saying the administration remains committed to its immigration enforcement priorities. ICE agents across the country have shifted tactics in responding to activists and protesters, including drawing weapons, conducting arrests at demonstrations against their activities, and following observers to document enforcement operations. Democratic lawmakers and Minnesota Governor Tim Walz have emphasized the importance of reforming federal law enforcement policies, with Walz calling for "meaningful accountability measures" beyond body cameras. Immigration rights advocates have argued that the body camera policy alone is insufficient without clear guidelines on when cameras must be activated, how footage will be preserved and released, and consequences for officers who fail to comply with recording requirements.
Concern over DHS Use of Warrantless Arrests and Administrative Subpoenas
Immigration and Customs Enforcement (ICE) has expanded its agents' authority to arrest individuals without judicial warrants, allowing them to detain anyone they encounter during enforcement operations, according to a new policy directive. The New York Times uncovered an internal ICE memo on January 30 that interprets federal law to grant ICE agents broad arrest powers beyond their traditional authority to detain individuals who are deportable or inadmissible. This has immediately raised concerns from legal experts that such an interpretation extends ICE's reach to U.S. citizens and could violate Fourth Amendment protections. The Department of Homeland Security (DHS) has also increasingly used administrative subpoenas, a legal tool that allows agents to demand personal information about Americans without court oversight. These subpoenas, which do not require a judge's approval, have been issued to banks, phone companies, and other institutions to obtain records about U.S. citizens and immigrants alike. Legal scholars argue that ICE is attempting to rewrite the law rather than simply exploiting legal loopholes.
DHS has also deployed facial recognition technology and surveillance tools not only to identify individuals suspected of being in the country unlawfully but also to monitor protesters, interveners, and observers documenting immigration enforcement operations. ICE allocated $2.8 billion to enhance surveillance capabilities between 2008 and 2021, nearly doubling since 2015, with most of the increase directed toward geolocation technologies. According to contracts and memos, officers are using tools for facial recognition, to identify and track specific phones without a warrant, and to analyze social media and compile profiles on individuals including location data.
Health Crisis Emerges at Dilley Detention Center as ICE Acquires New Facilities
Two individuals detained at the South Texas Family Residential Center in Dilley, Texas, were confirmed to have active measles infections on February 2, according to the Department of Homeland Security (DHS). A federal judge ordered the release of five-year-old Liam Conejo Ramos and his father from ICE detention on January 31, days before the measles cases were identified at the facility. DHS said Immigration and Customs Enforcement (ICE) Health Services Corps immediately quarantined the detainees and ceased all movement within the facility, with all individuals suspected of making contact with those infected now in quarantine. Public health experts warn that conditions at ICE detention centers, including overcrowding and limited access to medical care, could fuel major measles outbreaks given the highly contagious nature of the disease.
The measles outbreak coincides with ICE's expansion of detention capacity nationwide. The Trump administration is pursuing a $45 billion expansion of immigrant detention sites, which has faced pushback from local communities concerned about the impact on their areas. The expansion comes as ICE has rapidly increased detention numbers under the administration's immigration enforcement priorities, with facilities like the Dilley center holding families including children in congregate settings where infectious diseases can spread quickly.
Legal
Federal Judge Blocks Termination of Temporary Protected Status for Haiti
On February 2, a federal district court ruling blocked the termination of Temporary Protected Status (TPS) for Haiti, which was set to end the following day. U.S. District Judge Ana C. Reyes found that DHS Secretary Kristi Noem did not follow Congress’s statutory requirements in terminating the designation, noting that Noem did not consult with other agencies as required by the TPS statute and ignored current conditions in Haiti, where the State Department maintains a "Do Not Travel" warning due to gang violence. The 83-page ruling concluded that Haitians would face irreparable harm if sent back to Haiti and noted that the approximately 350,000 Haitian TPS holders contribute an estimated $5.2 billion in taxes annually. During the stay, Haitian TPS beneficiaries will continue to be eligible for work authorization and protected from deportation. USCIS has auto-extended the validity of existing Employment Authorization Documents for Haiti TPS beneficiaries until further notice. The administration is expected to appeal the decision.
Haitian communities have shown signs of anxiety particularly in Springfield, Ohio, where an estimated 10,000 to 15,000 Haitians reside. Hundreds of residents gathered at a local church on February 2 in a show of support ahead of the court’s decision. Community leaders and local officials have expressed concern about the community facing a large-scale immigration enforcement operation similar to Minneapolis, with reports that Haitian-owned businesses have closed and families have been making contingency plans, including seeking power of attorney arrangements in case of family separations. The Springfield city commission recently passed a resolution urging federal agents to identify themselves, remove face masks, and adhere to local police policies during any enforcement operations. President Obama initially established Haiti’s TPS designation following the country’s devastating 2010 earthquake and has been renewed as conditions in the country have deteriorated, including gang violence that has displaced more than 1.4 million people.
Fifth Circuit Splits on Trump Administration's Mandatory Detention Policy
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit appeared divided on February 3 over the Trump administration's mandatory detention policy, which requires indefinite detention without bond hearings for all noncitizens who entered the country without inspection, regardless of how long they have lived in the United States. The administration argues that noncitizens arrested in the interior who entered illegally should be treated as if they are still seeking admission to the country and therefore must remain detained without the opportunity for a bond hearing. This interpretation reverses three decades of government practice under which such individuals had the right to bond hearings in immigration court. A Trump-appointed judge appeared skeptical of the government's position, noting that the Supreme Court has previously distinguished between people "seeking admission into the country" and those "already in the country."
The cases involve two men who lived in the United States for years after illegally crossing the border from Mexico and were taken into custody by the Department of Homeland Security (DHS) in 2025. Both were denied bond hearings under the new mandatory detention policy and filed habeas corpus petitions asking federal courts to review their detention. District court judges ordered immigration judges to conduct bond hearings and released both men in October. The Trump administration reinterpreted the detention law in summer 2025, leading to hundreds of similar habeas corpus petitions in district courts, where federal judges have almost universally disagreed with the administration's interpretation. The Fifth Circuit is the first appellate court to hear arguments directly addressing the mandatory detention policy, with multiple other appellate arguments scheduled in coming months and observers anticipating the question will ultimately reach the U.S. Supreme Court.
BILLS INTRODUCED AND CONSIDERED
A bill to amend title 23, United States Code, to condition Federal highway funding on State compliance with Federal immigration enforcement policies related to driver's licensing and information sharing, and for other purposes
Sponsored by Sen. Tom Cotton (R-Arkansas) (0 cosponsors)
02/04/2026 Introduced by Sen. Cotton
02/04/2026 Read twice and referred to the Senate Committee on Environment and Public Works
A bill to condition certain Federal funds for States and local governments on cooperation with Federal immigration enforcement authorities, to deter illegal entry and reentry into the United States, to increase criminal penalties for crimes committed after illegal reentry into the United States, to protect Federal officers and employees from agitators using loud noises to interfere with the performance of their official duties, and to exclude organization that promote, incite, or provide material support for criminal violence from the tax benefits available under section 501(c)(3) of the Internal Revenue Code of 1986
Sponsored by Sen. Eric Schmitt (R-Missouri) (0 cosponsors)
02/05/2026 Introduced by Sen. Schmitt
02/05/2026 Read twice and referred to the Senate Committee on Finance
Humanitarian Standards for Individuals in ICE and CBP Custody Act
The bill would establish humanitarian standards for individuals in ICE and CBP custody.
Sponsored by Rep. Raul Ruiz (D-California) (77 cosponsors)
02/03/2026 Introduced by Rep. Ruiz
02/03/2026 Referred to the Committees on the Judiciary and Homeland Security
To direct the Congressional Budget Office to conduct a study with respect to the long-term economic impact of Trump Administration immigration policies, and for other purposes
Sponsored by Rep. Yassamin Ansari (D-Arizona) (27 cosponsors)
02/04/2026 Introduced by Rep. Ansari
02/04/2026 Referred to the House Committee on the Judiciary
To amend an Act to provide for reconciliation pursuant to title II of Public Law 119-21 (commonly referred to as the "One Big Beautiful Bill Act") to remove funding for U.S. Immigration and Customs Enforcement
Sponsored by Rep. Yassamin Ansari (D-Arizona) (37 cosponsors)
02/04/2026 Introduced by Rep. Ansari
02/04/2026 Referred to the House Committee on the Judiciary
To mandate reporting requirements pertaining to detainees in immigration detention facilities
Sponsored by Rep. Yassamin Ansari (D-Arizona) (38 cosponsors)
02/04/2026 Introduced by Rep. Ansari
02/04/2026 Referred to the Committees on the Judiciary and Homeland Security
To amend the Immigration and Nationality Act to provide nonimmigrant status to nurses working in certain facilities
Sponsored by Rep. Donald Beyer (D-Virginia) (0 cosponsors)
02/04/2026 Introduced by Rep. Beyer
02/04/2026 Referred to the House Committee on the Judiciary
To amend section 212 of the Immigration and Nationality Act to prohibit immigration relief for certain citizens or nationals of Somalia
Sponsored by Rep. Brandon Gill (R-Texas) (4 cosponsors)
02/04/2026 Introduced by Rep. Gill
02/04/2026 Referred to the House Committee on the Judiciary
To impose a hiring freeze on United States Immigration and Customs Enforcement, and for other purposes
Sponsored by Rep. Lizzie Fletcher (D-Texas) (10 cosponsors)
02/05/2026 Introduced by Rep. Fletcher
02/05/2026 Referred to the House Committee on Homeland Security
NO ICE ADs Act
The bill would address ICE administrative actions.
Sponsored by Rep. Wesley Bell (D-Missouri) (3 cosponsors)
02/05/2026 Introduced by Rep. Bell
02/05/2026 Referred to the Committees on the Judiciary, Homeland Security, and Ways and Means
To end ICE abuse
Sponsored by Rep. Ro Khanna (D-California) (0 cosponsors)
02/02/2026 Introduced by Rep. Khanna
02/02/2026 Referred to the Committees on the Judiciary, Homeland Security, and Ways and Means
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is scheduled to be in session Monday, February 9 through Friday, February 13. The House of Representatives is scheduled to be in session Monday, February 9 through Thursday, February 12.
UPCOMING HEARINGS AND MARKUPS
Date: Tuesday, February 10, 2026 at 10:00 AM ET (House Committee on Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Witnesses: The Honorable Todd Lyons (Acting Director, U.S. Immigration and Customs Enforcement), The Honorable Rodney Scott (Commissioner, U.S. Customs and Border Protection), The Honorable Joseph Edlow (Director, U.S. Citizenship and Immigration Services)
Date: Tuesday, February 10, 2026 at 2:00 PM ET (House Foreign Affairs Subcommittee on Europe)
Location: 2172 Rayburn House Office Building, Washington, D.C.
Witnesses: RADM (ret.) Mark Montgomery (CCTI Senior Director and Senior Fellow, Foundation for Defense of Democracies), Ms. Natalia Banulescu-Bogdan (Deputy Director, International Program, Migration Policy Institute), Mr. Matthew Boyse (Senior Fellow, Center on Europe and Eurasia, Hudson Institute)
Date: Tuesday, February 10, 2026 at 2:30 PM ET (Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights)
Location: 226 Dirksen Senate Office Building, Washington, D.C.
Witnesses: David Hoch (Independent Investigative Journalist), Kristin Robbins (Minnesota House of Representatives, District 37A), Robert Weissman (Co-President, Public Citizen)
Date: Wednesday, February 11, 2026 at 10:00 AM ET (House Appropriations Subcommittee on Department of Homeland Security)
Location: 2362-A Rayburn House Office Building, Washington, D.C.
Witnesses: To be announced
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: Interim Final Rule Eliminates One-Year Foreign Residency Requirement for Religious Workers with R-1 Visas
Bill Summary: Public Safety Act
Explainer: 2025 Proposed Rule on Public Charge
USCIS Internal Memo on Review of Admitted Refugees
*As of publication (1/30/26 at 4:30 PM EST)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the Forum, with questions, comments, and suggestions for additional items to be included. Nicci can be reached at [email protected]. Thank you.
