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
Trump’s National Guard Deployments to Chicago and Portland Face Challenges
Federal judges issued temporary restraining orders blocking President Trump’s efforts to deploy National Guard troops to support immigration enforcement operations in Chicago and Portland. On October 9, a federal judge in Chicago ruled that the administration had violated the 10th and 14th Amendments by federalizing Illinois National Guard troops, stating she found “no credible evidence of a rebellion in the state of Illinois” and that the deployment would “likely lead to civil unrest.” President Trump invoked his authority to federalize National Guard troops, claiming federal officials faced “ongoing and sustained attacks” in Chicago during “Operation Midway Blitz,” an immigration enforcement mission that began in September. Approximately 500 National Guard troops from Texas and Illinois had been activated for 60 days, with Texas troops beginning operations in the Chicago area on October 8 before being temporarily halted by the judge’s order, which expires October 23.
In Portland, a federal judge first blocked the deployment of Oregon National Guard troops on October 4, writing that “this is a nation of constitutional law, not martial law.” When the Trump administration attempted to circumvent this by deploying troops from California and Texas instead, the judge issued a broader order on October 5 prohibiting any National Guard deployments to Oregon. While a 9th Circuit appeals panel later allowed Oregon troops to remain under federal control, the broader deployment ban remains in effect, preventing any National Guard troops from actually being sent to Portland.
Administration Launches Cash Incentive Program for Unaccompanied Migrant Children
On October 3, the Trump administration announced a program offering a $2,500 payment to unaccompanied migrant children aged 14 and older who agree to return to their home countries. According to a Department of Health and Human Services memo sent to legal service providers, the “one-time resettlement support stipend” will be distributed after an immigration judge approves the departure request and the child arrives in their country of origin. Immigration and Customs Enforcement (ICE) officials characterized the offer as “strictly voluntary.” Advocates have strongly criticized the initiative, dubbing it “Operation Freaky Friday,” arguing that it exploits vulnerable children and pressures them to abandon legal protections and due process rights.
Subsequently, a federal judge granted a temporary restraining order blocking a related policy that would have automatically transferred unaccompanied children to adult ICE detention facilities when they turn 18. The judge’s order enforced a permanent injunction from the longstanding Garcia Ramirez v. ICE class action litigation, which requires ICE to consider placement in the “least restrictive setting available.” The cash incentive program also faces potential legal challenges, as federal law requires that unaccompanied children from non-contiguous countries receive proper care and due process protections, including opportunities to seek asylum or other humanitarian relief.
Federal Government Shutdown Continues to Impact Immigration Processes
The E-Verify system resumed online operations on October 7 after being suspended since the shutdown began on October 1. Despite being primarily fee-funded, U.S. Citizenship and Immigration Services (USCIS) has imposed limitations on appropriations-dependent programs including the Conrad 30 J-1 Waiver Program and has warned of potential delays in interviews, naturalization ceremonies, and contact center responses. USCIS Director Joseph Edlow stated on X that the agency would “ensure available resources focus on reviewing cases with national security concerns, vetting immigration backlogs to ID threats,” warning that this reprioritization may impact processing times and that “public facing interactions such as interviews, naturalization ceremonies, and contact center responses may also be delayed.”
Meanwhile, the Department of Homeland Security has furloughed its entire Office of Detention Oversight, which conducts mandatory annual inspections of detention centers, creating a significant oversight gap the population of detained immigrants continues rising. The administration has characterized immigration enforcement as essential, with Immigration and Customs Enforcement officials stating they will “continue to remove the worst of the worst criminal illegal aliens” and has continued to recruit deportation officers with the support of funding from the “One Big Beautiful Bill” that operates separate from lapsed appropriations.
Labor Department Links Immigration Raids to Food Shortage Risk
The Department of Labor has acknowledged that immigration enforcement operations pose “immediate dangers to the American food supply” and create a “sufficient risk of supply shock-induced food shortages,” according to a Federal Register filing published October 2. The document, which accompanies a new rule cutting wages for H-2A agricultural guest workers, states that “the near total cessation of the inflow of illegal aliens combined with the lack of an available legal workforce, results in significant disruptions to production costs and threatens the stability of domestic food production and prices for U.S. consumers.”
The filing cited data showing that 42% of agricultural workers “lacked authorization to work” in the U.S. in 2021 and 2022 and warned that enhanced immigration enforcement will intensify workforce disruptions. The Labor Department explicitly rejected the possibility that American workers will fill agricultural jobs, stating that it “does not believe American workers currently unemployed or marginally employed will make themselves readily available in sufficient numbers to replace large numbers of aliens.” The administration is expanding the H-2A temporary agricultural worker program while simultaneously reducing wages for these guest workers.
Legal
Supreme Court Allows Trump Administration to End TPS Protections for Venezuelans
The Supreme Court issued an unsigned order on October 3 allowing the Trump administration to terminate Temporary Protected Status (TPS) for Venezuelan nationals while legal challenges continue in lower courts. The order paused a September ruling by a federal judge in San Francisco that had blocked Secretary of Homeland Security Kristi Noem from ending TPS designations for Venezuela and restored the Biden administration’s extension through October 2026. Secretary Noem had terminated the 2023 TPS designation in February, citing that continued protection no longer aligned with U.S. interests, and announced in September that the 2021 designation would also end on November 8, 2025.
The decision affects approximately 605,000 Venezuelan TPS holders, with the administration emphasizing the “temporary” nature of the protection. Justice Ketanji Brown Jackson wrote in dissent that the Court “plainly misjudges the irreparable harm and balance-of-the-equities factors by privileging the bald assertion of unconstrained executive power over countless families’ pleas for the stability our Government has promised them.” Venezuelan TPS holders have expressed significant concern about the termination, particularly given increased ICE enforcement activities and ongoing tensions between the United States and Venezuela. Current TPS beneficiaries who received work permits on or before February 5, 2025, will maintain employment authorization until October 2, 2026, while the litigation proceeds.
Court Refuses to Pause Abrego Garcia Deportation Case During Shutdown, Seeks Removal Details
A Maryland federal judge rejected the Justice Department’s request to delay Kilmar Abrego Garcia’s immigration proceedings due to the government shutdown and ordered an evidentiary hearing for October 10. The judge expressed frustration with government lawyers’ inability to provide evidence of concrete deportation plans, giving prosecutors until the hearing to present witnesses with firsthand knowledge of removal efforts. Abrego Garcia’s attorneys plan to request his immediate release, arguing detention is only lawful when removal is imminent. Costa Rica has offered him refugee status with guarantees against return to El Salvador.
Abrego Garcia was wrongfully deported to El Salvador in March and returned to the United States in June after the Supreme Court intervened. He now faces federal human smuggling charges in Tennessee from a 2022 traffic stop. A Tennessee federal judge ruled on October 6 that there is a “realistic likelihood” the prosecution was vindictive, finding the timing suggests retaliation for his successful lawsuit. The judge authorized discovery into whether Trump administration officials’ statements reveal improper motives. Abrego Garcia will not appear at the October 10 Nashville status hearing on human smuggling charges, with the government citing insufficient time to transport him from Pennsylvania, though he is expected to appear at a November 3 hearing on the vindictive prosecution claims.
Federal Judge Finds ICE Violated Consent Decree with Warrantless Arrests in Chicago
On October 7, a federal judge ordered Immigration and Customs Enforcement (ICE) to release and reimburse 22 people arrested without warrants in Chicago. While the U.S. Supreme Court has permitted racial profiling in immigration stops, and even warrantless arrests, the judge argued that a consent decree entered into by the Department of Homeland Security (DHS) in 2022 settlement was binding. The agreement mandates that ICE adhere to strict reporting requirements about the circumstances surrounding warrantless arrests and the determination of probable cause, which the judge ruled ICE failed to meet. DHS previously asserted that the agreement, set to expire in February, is no longer binding. Federal agents were trained to circumnavigate the policy with post-HOC warrants, issued during or after arrests with few details.
State and Local
Immigration Enforcement in D.C. Disrupts Construction Projects and Schools
Immigration and Customs Enforcement (ICE) operations in Washington, D.C., have created widespread economic disruptions and community upset, particularly affecting the construction industry and schools. Nearly 40% of more than 3,500 arrests made during the Trump administration’s federal law enforcement surge through late September were immigration-related, according to government data. Construction contractors report significant project delays and rising costs as workers avoid job sites in the District out of fear of detention.
The enforcement operations have also affected schools and residential neighborhoods. Video footage captured immigration arrests occurring during school dismissal times, with multiple federal agencies conducting traffic stops near the D.C. Bilingual Public Charter School. Parents and community members report that trust between residents and law enforcement has been severely damaged. ICE has partnered closely with Metropolitan Police Department officers and U.S. Park Police to conduct traffic stops for minor violations, which often result in immigration arrests.
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.
H.R.5722
Preserving A Sharia-Free America Act
The bill would amend the Immigration and Nationality Act to establish a new inadmissibility ground barring the entry of noncitizens who adhere to Sharia law.
Sponsored by Rep. Chip Roy (R-Texas) (3 cosponsors)
10/08/2025 Introduced by Rep. Roy
10/08/2025 Referred to the House Committee on the Judiciary
H.R.5713
Expedited Removal of Criminal Aliens Act
The bill would authorize the use of expedited removal for noncitizens identified as criminal gang members, members of designated foreign terrorist organizations, or individuals convicted of specified offenses.
Sponsored by Rep. Brandon Gill (R-Texas) (5 cosponsors)
10/08/2025 Introduced by Rep. Gill
10/08/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will reconvene on Tuesday, October 14.
SPOTLIGHT ON 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:
Temporary Protected Status (TPS): Fact Sheet
Our fact sheet provides a comprehensive overview of Temporary Protected Status, a government protection for foreign-born individuals unable to return home safely. It details the Trump administration’s systematic termination, the resulting federal court challenges that have blocked or delayed many of these terminations and includes data showing TPS holders’ geographic distribution across and their economic contributions.
Explainer: President Trump’s Presidential Proclamation on H-1B Visas
Our explainer analyzes President Trump’s September 19, 2025, Presidential Proclamation that introduces a $100,000 “visa integrity fee” for H-1B visa applications. The resource details the policy’s impact on employers who may relocate operations abroad and foreign workers facing fewer opportunities and increased uncertainty.
Current Status of DACA: Explainer
The resource provides an overview of the current policy landscape surrounding Deferred Action for Childhood Arrivals (DACA), including the Fifth Circuit decision, what is likely to come next, and some demographic and state data on DACA recipients.
*As of publication (10/10/25 at 2:30PM 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 nmattey@immigrationforum.org. Thank you.