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
USCIS Issues Guidance on $100,000 H-1B Fee Payment Responsibility
U.S. Citizenship and Immigration Services (USCIS) issued guidance on October 20 clarifying that the $100,000 H-1B visa fee applies only to new applicants living outside the United States, significantly narrowing the scope from the administration’s initial announcement in September. The fee does not apply to individuals already in the United States who are changing from one visa status to another, such as international students moving from F-1 to H-1B status. USCIS stated that employers must pay the fee before filing H-1B petitions and must include proof of payment with their petition submissions. The guidance specifies that petitions filed without proof of payment, or evidence of an approved exception, will be denied.
In 2024, approximately 54% of the 141,000 new H-1B visas went to immigrants already in the United States on different visa types, meaning the fee will not apply to over half of typical applicants if current trends continue. The clarification comes after multiple lawsuits were filed challenging the fee, including complaints from the U.S. Chamber of Commerce and healthcare organizations arguing that President Trump exceeded his authority by significantly altering a congressional visa program. The policy was implemented under the president’s travel ban authority, which legally can only be applied to individuals not on U.S. soil, leading immigration attorneys to question the administration’s initial broader interpretation of the fee’s scope.
House and Senate Committees Investigate ICE Detention of U.S. Citizens
Rep. Robert Garcia (D-California), ranking member of the House Oversight Committee, and Sen. Richard Blumenthal (D-Connecticut), ranking member of the Senate Permanent Subcommittee on Investigations, launched a joint bicameral investigation on October 21 into the detention of U.S. citizens by federal immigration agents. The investigation responds to a ProPublica report that found more than 170 Americans had been held by immigration officials during the first nine months of the Trump administration’s second term. Garcia and Blumenthal sent a letter to Department of Homeland Security (DHS) Secretary Kristi Noem requesting records and information about how U.S. citizens are treated by immigration officials, with a response deadline of November 3. The lawmakers stated they will hold the first congressional hearing in Los Angeles, though no date has been set.
The ProPublica investigation documented that at least 50 citizens were detained based on questions about their citizenship, with nearly all being Latino, while approximately 130 others were arrested on allegations of assaulting officers or interfering with arrests during raids or protests. The detained Americans have included military veterans, with lawmakers expressing outrage over incidents where veterans were arrested or injured during immigration enforcement operations. DHS spokesperson Tricia McLaughlin rejected claims of racial profiling, stating that allegations the department targets U.S. citizens or makes unconstitutional arrests are “FALSE” and that the Supreme Court recently “vindicated” the administration’s enforcement practices.
ICE Faces Scrutiny Over Rushed Recruitment and Training Standards
Immigration and Customs Enforcement (ICE) has dismissed more than 200 recruits during training as the agency rushes to hire 10,000 agents by year-end to support President Trump’s mass deportation agenda. ICE officials discovered that some recruits had been placed into training programs before completing required vetting processes, with staff later finding that candidates had failed drug tests, possessed disqualifying criminal backgrounds, or failed to meet physical and academic standards. More than one-third of new recruits have failed basic fitness requirements, including 15 push-ups, 32 sit-ups, and completing a 1.5-mile run in under 14 minutes. The agency has shortened training from 13 weeks to six weeks and waived age limits to accelerate hiring, leading to what one ICE official described as recruits “dropping like flies.”
The recruitment challenges have raised concerns about operational readiness, highlighted by an October 21 incident in Los Angeles where federal officers shot both a suspect and accidentally a U.S. Marshal during a traffic enforcement operation. The suspect, Carlitos Ricardo Parias, was struck in the elbow while the Marshal was hit in the hand by a ricochet bullet after agents fired “defensive shots” when Parias allegedly rammed law enforcement vehicles with his car. Department of Homeland Security (DHS) spokesperson Tricia McLaughlin defended the recruitment process, stating that 85% of new hires are experienced law enforcement officers who follow streamlined validation procedures, though current and former officials warn that the agency’s human resources office is overwhelmed with over 150,000 applications since offering a $50,000 signing bonus. The pressures to rapidly expand ICE’s workforce have led officials to express concern that “some people are slipping through the cracks” in the vetting process.
Belize Signs Safe Third Country Agreement with U.S.
The United States and Belize signed a safe third country agreement on October 20, allowing the U.S. to send asylum seekers to Belize to have their claims processed rather than in the United States. Under the agreement, migrants seeking asylum in the U.S. may be transferred to Belize if they have traveled through that country on their way to the U.S. border. The Belize Foreign Ministry described the arrangement as a “job programme” for asylum seekers while emphasizing implementation of strict national security measures and adherence to international humanitarian law. The U.S. State Department stated the agreement represents an important step to “end illegal immigration” and thanked Belize for its partnership.
The agreement represents the latest in a series of similar arrangements the Trump administration has pursued as part of broader changes to U.S. asylum processing. Human rights advocates have criticized safe third country agreements, arguing they put asylum seekers at risk of being returned to dangerous conditions and allows wealthier countries to circumvent international humanitarian obligations. The agreement comes amid ongoing modifications to U.S. immigration and asylum procedures under the current administration.
Legal
Federal Courts Weigh Presidential Authority Over Guard Deployments
The 9th Circuit Court of Appeals issued a ruling on President Trump’s National Guard deployment authority, with a divided three-judge panel lifting a lower court’s block on Oregon troop deployment on October 21. Two judges on the panel ruled that President Trump likely acted lawfully in federalizing the National Guard during Portland protests over immigration enforcement, overturning a district judge’s restraining order. In her dissent, the third judge said that the decision “erodes core constitutional principles” and describing efforts to portray Portland as a “war zone” as absurd, noting protesters wearing “inflatable frog costumes.” Hours after the panel’s decision, a 9th Circuit judge formally requested a vote by all 29 active judges on whether the case should be reheard by a panel of 10 judges, but that vote failed. A second temporary restraining order from the district judge remains in place, preventing actual deployment of troops to Portland streets.
The Supreme Court continues to weigh the administration’s emergency appeal regarding National Guard deployment in Chicago, where the 7th Circuit Court of Appeals upheld a district court block. Legal experts note that while emergency Supreme Court decisions don’t set broad precedent, they could influence how courts approach future National Guard deployment cases. The 9th Circuit’s willingness to defer to presidential assessment of local conditions contrasts sharply with the 7th Circuit’s finding that there was “insufficient evidence that protest activity in Illinois has significantly impeded the ability of federal officers to execute federal immigration laws.” Meanwhile, President Trump announced on October 23 that he was calling off plans for a “federal deployment” in San Francisco after speaking with the mayor as well as tech leaders who assured him the “surge” wasn’t needed.
Federal Judges Order Bond Hearings for Detained Immigrants
Multiple federal judges have ruled against the Trump administration’s policy denying bond hearings to immigrants detained by Immigration and Customs Enforcement (ICE), finding the July directive violates federal immigration law and due process rights. A federal judge in Michigan ordered bond hearings within seven days for eight plaintiffs, including Jose Contreras-Cervantes, a Detroit-area man with life-threatening leukemia who had been detained since August. A federal judge in Denver ordered the immediate release of Nestor Gutierrez, an El Salvador native who had lived in Colorado for more than 20 years, ruling that ICE was violating immigration law by denying him a bond hearing. In Washington state, a federal judge issued a ruling stating that certain immigrants at the Northwest ICE Processing Center in Tacoma are not subject to mandatory detention and that holding them without bond hearings violates the Immigration and Nationality Act.
The rulings challenge Acting ICE Director Todd Lyons’ July 8 directive that instructed officers to detain all immigrants who entered the United States without inspection for the duration of their removal proceedings, eliminating eligibility for bond hearings except through discretionary parole granted by immigration officers rather than judges. Immigration attorneys argue the administration is reinterpreting immigration laws to expand mandatory detention beyond its original scope to meet mass deportation goals. The ACLU of Michigan and ACLU of Colorado are seeking to certify their cases as class-action lawsuits that would allow many individuals with similar claims to sue as one group, with the Colorado case scheduled for a certification hearing in November.
State and Local
Federal Agents Conduct Immigration Raid on Steet Vendors in New York City
Immigration and Customs Enforcement (ICE) conducted a multi-agency enforcement operation on October 21 targeting street vendors on Canal Street in New York City’s Chinatown neighborhood, arresting nine undocumented immigrants and detaining four U.S. citizens for nearly 24 hours without federal charges. The raid involved more than 50 federal agents from multiple agencies, prompted protests at 26 Federal Plaza, with hundreds of demonstrators gathering to oppose the enforcement action. Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin described the operation as a targeted, intelligence-driven enforcement action focused on criminal activity related to selling counterfeit goods.
Acting ICE Director Todd Lyons said on October 22 that New York City would see an increase in ICE arrests and defended the Canal Street operation as intelligence-driven rather than random. That same day, New York Attorney General Letitia James launched a portal for the public to submit photos and videos of ICE activity, vowing to review materials to determine if any laws were violated including unlawful questioning, detention, or intimidation. The New York Police Department and Mayor Eric Adams stated they had no involvement in the federal operation.
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.Res.815
Expressing the sense of the House of Representatives that immigration enforcement operations must be transparent, accountable, and consistent with constitutional protections for all persons within the United States.
Sponsored by Rep. Ro Khanna (D-California) (4 cosponsors).
10/17/2025 Introduced by Rep. Khanna.
10/17/2025 Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means.
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session from Monday, October 27, through Thursday, October 31. The U.S. House of Representatives will be in session from Monday, October 27, through Wednesday, October 30.
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:
Explainer: H-1B Proposed Rule Would Replace Random Lottery System with a Weighted Selection Lottery
Our new explainer details the September 24, 2025 DHS proposed rule that would replace the H-1B visa’s random lottery system with a weighted selection process favoring higher-wage applicants, which could disadvantage entry-level positions, smaller employers, and international graduates.
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 on foreign workers facing fewer opportunities and increased uncertainty.
Addressing the U.S. Truck Driver Shortage: The Role of Foreign-Born Drivers, Visa Policy, and Supply Chain Impacts
Our latest resource examines how foreign-born drivers (who account for 18 percent of the U.S. trucking workforce) address the truck driver shortage and how recent policy changes, including the August 2025 State Department visa pause and the April 2025 English proficiency executive order, could exacerbate labor shortages and supply chain disruptions.
*As of publication (10/24/25 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.