[link removed]

Good afternoon, 

Welcome to the Forum's policy bulletin. Every week, 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:  

Policy Bulletin — Friday, September 11, 2026  [link removed]

**Federal** TPS for El Salvador Remains in Effect Pending DHS AnnouncementOn September 9 – the date on which the TPS designation for El Salvador was set to expire – the Department of Homeland Security (DHS) announced [link removed] that Salvadoran TPS holders will continue to be protected from deportation and remain authorized to work until the administration makes an official announcement. Approximately 170,000 Salvadorans [link removed] currently benefit from TPS, which has been in place since 2001.

Immigration advocates have raised concerns [link removed] that the lack of an official notice could create confusion for TPS holders, particularly regarding documentation and employment authorization. The uncertainty is particularly significant for Salvadorans who have lived and worked in the United States for more than two decades under TPS and now face continued uncertainty about their long-term status.

DHS Proposes Eliminating 60-Day Grace Period for Certain Employment-Based Visa HoldersOn September 10, the Department of Homeland Security published [link removed] a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant visa holders after their employment ends. The proposal would affect individuals in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications, as well as their dependents. Under current regulations, these individuals generally may remain in the United States for up to 60 consecutive days after their employment ends, unless DHS shortens or eliminates the period. The grace period can give workers time to seek new employment, change or extend their immigration status, pursue adjustment of status, or prepare to leave the United States.

If finalized, the rule [link removed] would require covered nonimmigrants to depart the United States immediately after their qualifying employment or activity ends unless they have another lawful basis to remain, significantly reducing the time available to find a new employer or pursue another immigration option. The proposal is not yet final, and the existing 60-day grace period remains in effect.

Trump Administration Proposes Changes to 2030 Census That Could Exclude Millions of ImmigrantsOn September 10, the Trump administration published a proposed rule [link removed] that would exclude millions of immigrants from being counted in the 2030 Census used to determine congressional representation. Under the proposal [link removed], the Census Bureau would change the definition of who qualifies as a "usual resident" and exclude undocumented immigrants from the apportionment count. The administration is also considering whether to exclude certain immigrants with temporary legal status, including refugees, asylum seekers, and individuals in the United States on student or employment visas. Current Census Bureau policy counts all people living in the United States, regardless of citizenship or immigration status, with "usual residence" generally defined as the place where a person lives and sleeps most of the time.

If implemented, the change could reduce the population counts of states with large immigrant populations and affect their representation in Congress and the Electoral College. Immigration and civil rights advocates have raised concerns [link removed] that excluding immigrants would depart from the longstanding practice of counting all residents and could reduce political representation for communities with large immigrant populations. The proposal is also likely to face [link removed] legal challenges, including questions about whether excluding certain residents from the apportionment count is consistent with the 14th Amendment, which requires representation to be based on the "whole number of persons" in each state. The administration is accepting public comments [link removed] on the proposed rule.

USCIS Reaches H-2B Cap for First Half of FY 2027On September 11, U.S. Citizenship and Immigration Services (USCIS) announced the agency had received [link removed] enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year (FY) 2027.

The H-2B visa [link removed] allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs such as landscaping, meatpacking, poultry, fish cutting, forestry, housekeeping, freight, construction, and nonfarm animal caretaking, among others. Congress set the H-2B cap at 66,000 per fiscal year. However, in recognition of historical and current H-2B demand, Congress has authorized supplemental caps [link removed] through the appropriations process for the last several fiscal years.

Trump Administration Closes Trucking Schools over English Language RulesOver the past couple of weeks, officials from the U.S. Department of Transportation removed [link removed] over 270 commercial driver’s license (CDL) schools from the Training Provider Registry, citing concerns that their graduates failed federal English-language-proficiency tests.

These actions are the administration's latest efforts to reduce the number of authorized foreign-born truck drivers in the United States. In August 2025, the U.S. Department of State announced [link removed] a pause on new employment visas for commercial truck drivers. That decision effectively froze all visa pathways for newly arriving foreign-born truckers, despite industry leaders’ warning [link removed](Border%20Report,to%20have%20a%20work%20visa. that the policy would exacerbate the labor shortage in the trucking industry.

Prior to this pause, in April 2025, the White House released [link removed] an executive order entitled "Enforcing Commonsense Rules of the Road for America’s Truck Drivers." The executive order mandated changing the government’s 2016 guidance on English language proficiency and to place "out-of-service" all truck drivers in the U.S. who are not proficient in English.

Naval Academy’s Midshipman’s Mother is Deported to MexicoOn September 3, United States Congressman Joaquin Castro (D-Texas) posted on X [link removed] that first-year Naval Academy Midshipman David Garcia’s mother was deported to Mexico. She had been held at the Dilley Immigration Processing Center in Dilley, Texas since late August. Representative Castro tried to visit her the week before, but ICE officials did not allow him because he did not request a visit 48 hours in advance. In his X post [link removed], Rep. Castro said she "raised a bright young man with good character who is serving our nation. She was in the process of getting a green card and was doing everything the right way."

 

A speaker for the Department of Homeland Security argued [link removed] she was a "criminal illegal alien" who had been previously removed from the United States and illegally re-entered the country. DHS also said it wasn’t preventing members of Congress from visiting detainees and that, in Fiscal Year 2025, it supported more congressional visits than in any year under the Biden-Harris administration.

**Legal** Appeals Court Rejects Trump Administration’s Mandatory ICE Detention PolicyOn September 10, the U.S. Court of Appeals for the Fourth Circuit rejected [link removed] the Trump administration’s policy requiring Immigration and Customs Enforcement (ICE) to detain certain immigrants without providing them an opportunity for a bond hearing. In a 2-1 decision, the court ruled [link removed] that the administration had incorrectly interpreted federal immigration law to require mandatory detention for broad categories of noncitizens, including some individuals who have lived in the United States for years. The Fourth Circuit became the ninth federal appeals court to reject the administration’s interpretation, while the Fifth and Eighth Circuits have upheld the policy, creating a split among the federal appeals courts.

The policy [link removed], adopted by the administration in 2025, has resulted in ICE denying bond hearings to immigrants detained away from the border, including some individuals without criminal records who have longstanding ties to the United States. The Fourth Circuit’s decision deepens the legal disagreement over whether the government can require mandatory detention without an individualized opportunity to seek release. The Department of Homeland Security has defended [link removed] the policy and is expected to seek review by the U.S. Supreme Court, which could ultimately determine whether the administration may continue using the policy nationwide.

**BILLS INTRODUCED AND CONSIDERED**H.R. 10248 [link removed] for America Act

 

The bill would give eligible Dreamers who work in public service a pathway to lawful permanent residency. Qualifying public service includes work in areas such as healthcare, education, public safety, military service, social work, early childhood education, government, and nonprofit service.

 

Sponsored by Representative Ami Bera (D-California) (1 [link removed] cosponsor – 1 Democrat, 0 Republicans)

09/03/2026 Introduced in the House by Representative Ami Bera

09/03/2026 Referred to the House Committees on Education and Workforce, and the Judiciary

H.R. 10259 [link removed] Community Consultation Act of 2026

The bill would require the DHS Secretary to consult with local governments, elected officials, and stakeholders before beginning construction or entering into any contract, including for the purchase or lease of an existing facility, for the purposes of immigration detention.

Sponsored by Representative Veronica Escobar (D-Texas) (0 [link removed] cosponsors)

09/03/2026 Introduced in the House by Representative Veronica Escobar

09/03/2026 Referred to the House Committees on Homeland Security, Armed Services, and the Judiciary [link removed]

**LEGISLATIVE FLOOR CALENDAR  ** The U.S. Senate and House of Representatives are both scheduled to return to session on Monday, September 14.

UPCOMING HEARINGS AND MARKUPS     
Hearing:

**The Continuing Tragedy of Sanctuary Laws** [link removed]: Tuesday, September 15, 2026 at 10:00 am ET (Senate Committee on the Judiciary)

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

Witnesses: TBC 

**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: 

[link removed] [link removed] * [link removed] Explainer: Recent Administration Policies Will Undermine the H-1B Visa Program [link removed]

* Bill Analysis: Securing Agriculture’s Workforce Act of 2026 [link removed]

* Fact Sheet: Temporary Protected Status [link removed]

** **

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TPS for El Salvador Remains in Effect Pending DHS Announcement

On September 9 – the date on which the TPS designation for El Salvador was set to expire – the Department of Homeland Security (DHS) announced [link removed] that Salvadoran TPS holders will continue to be protected from deportation and remain authorized to work until the administration makes an official announcement. Approximately 170,000 Salvadorans [link removed] currently benefit from TPS, which has been in place since 2001.

Immigration advocates have raised concerns [link removed] that the lack of an official notice could create confusion for TPS holders, particularly regarding documentation and employment authorization. The uncertainty is particularly significant for Salvadorans who have lived and worked in the United States for more than two decades under TPS and now face continued uncertainty about their long-term status.

DHS Proposes Eliminating 60-Day Grace Period for Certain Employment-Based Visa Holders

On September 10, the Department of Homeland Security published [link removed] a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant visa holders after their employment ends. The proposal would affect individuals in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications, as well as their dependents. Under current regulations, these individuals generally may remain in the United States for up to 60 consecutive days after their employment ends, unless DHS shortens or eliminates the period. The grace period can give workers time to seek new employment, change or extend their immigration status, pursue adjustment of status, or prepare to leave the United States.

If finalized, the rule [link removed] would require covered nonimmigrants to depart the United States immediately after their qualifying employment or activity ends unless they have another lawful basis to remain, significantly reducing the time available to find a new employer or pursue another immigration option. The proposal is not yet final, and the existing 60-day grace period remains in effect.

Trump Administration Proposes Changes to 2030 Census That Could Exclude Millions of Immigrants

On September 10, the Trump administration published a proposed rule [link removed] that would exclude millions of immigrants from being counted in the 2030 Census used to determine congressional representation. Under the proposal [link removed], the Census Bureau would change the definition of who qualifies as a "usual resident" and exclude undocumented immigrants from the apportionment count. The administration is also considering whether to exclude certain immigrants with temporary legal status, including refugees, asylum seekers, and individuals in the United States on student or employment visas. Current Census Bureau policy counts all people living in the United States, regardless of citizenship or immigration status, with "usual residence" generally defined as the place where a person lives and sleeps most of the time.

If implemented, the change could reduce the population counts of states with large immigrant populations and affect their representation in Congress and the Electoral College. Immigration and civil rights advocates have raised concerns [link removed] that excluding immigrants would depart from the longstanding practice of counting all residents and could reduce political representation for communities with large immigrant populations. The proposal is also likely to face [link removed] legal challenges, including questions about whether excluding certain residents from the apportionment count is consistent with the 14th Amendment, which requires representation to be based on the "whole number of persons" in each state. The administration is accepting public comments [link removed] on the proposed rule.

USCIS Reaches H-2B Cap for First Half of FY 2027

On September 11, U.S. Citizenship and Immigration Services (USCIS) announced the agency had received [link removed] enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year (FY) 2027.

The H-2B visa [link removed] allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs such as landscaping, meatpacking, poultry, fish cutting, forestry, housekeeping, freight, construction, and nonfarm animal caretaking, among others. Congress set the H-2B cap at 66,000 per fiscal year. However, in recognition of historical and current H-2B demand, Congress has authorized supplemental caps [link removed] through the appropriations process for the last several fiscal years.

Trump Administration Closes Trucking Schools over English Language Rules

Over the past couple of weeks, officials from the U.S. Department of Transportation removed [link removed] over 270 commercial driver’s license (CDL) schools from the Training Provider Registry, citing concerns that their graduates failed federal English-language-proficiency tests.

These actions are the administration's latest efforts to reduce the number of authorized foreign-born truck drivers in the United States. In August 2025, the U.S. Department of State announced [link removed] a pause on new employment visas for commercial truck drivers. That decision effectively froze all visa pathways for newly arriving foreign-born truckers, despite industry leaders’ warning [link removed](Border%20Report,to%20have%20a%20work%20visa. that the policy would exacerbate the labor shortage in the trucking industry.

Prior to this pause, in April 2025, the White House released [link removed] an executive order entitled "Enforcing Commonsense Rules of the Road for America’s Truck Drivers." The executive order mandated changing the government’s 2016 guidance on English language proficiency and to place "out-of-service" all truck drivers in the U.S. who are not proficient in English.

Naval Academy’s Midshipman’s Mother is Deported to Mexico

On September 3, United States Congressman Joaquin Castro (D-Texas) posted on X [link removed] that first-year Naval Academy Midshipman David Garcia’s mother was deported to Mexico. She had been held at the Dilley Immigration Processing Center in Dilley, Texas since late August. Representative Castro tried to visit her the week before, but ICE officials did not allow him because he did not request a visit 48 hours in advance. In his X post [link removed], Rep. Castro said she "raised a bright young man with good character who is serving our nation. She was in the process of getting a green card and was doing everything the right way."

 

A speaker for the Department of Homeland Security argued [link removed] she was a "criminal illegal alien" who had been previously removed from the United States and illegally re-entered the country. DHS also said it wasn’t preventing members of Congress from visiting detainees and that, in Fiscal Year 2025, it supported more congressional visits than in any year under the Biden-Harris administration.
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