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
Immigration Enforcement and Other Operations Continue During Government Shutdown
Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) operations have continued during the federal government shutdown that began October 1. The administration has structured shutdown plans to ensure immigration enforcement priorities continue while other government functions remain paused. The Department of Homeland Security plans to retain 96% of ICE’s workforce and 92% of CBP’s personnel, classifying enforcement activities as essential functions. These agencies benefit from additional funding protection through the “One Big Beautiful Bill” Act signed in July, which allocated $29.9 billion to ICE for enforcement and deportation operations and $4.1 billion to CBP for hiring and training personnel, separate from annual appropriations that lapse during shutdowns.
U.S. Citizenship and Immigration Services (USCIS) should continue operating normally because it is primarily funded through application fees rather than congressional appropriations. However, the E-Verify system, which employers use to verify work eligibility, has been suspended because it relies on taxpayer funding. The Department of Labor’s immigration-related functions, including processing of Labor Condition Applications and permanent employment certifications, have also been suspended, potentially delaying certain visa applications. Immigration courts under the Department of Justice may operate differently than in previous shutdowns, with the administration potentially prioritizing detained cases to advance deportation proceedings.
Trump Administration Proposes Resuming DACA for New Applicants
Lawyers for the federal government have outlined a proposal to reopen the Deferred Action for Childhood Arrivals (DACA) program to first-time applicants for the first time since 2021. Under the Justice Department’s plan filed September 29, U.S. Citizenship and Immigration Services (USCIS) would resume processing new DACA applications in all states except Texas, where applicants would receive only deportation protection without work authorization. The proposal aims to comply with a Fifth Circuit Court of Appeals ruling that limited a previous injunction against the program to Texas only, creating a geographic disparity in benefits across the country.
The plan requires approval from U.S. District Judge Andrew Hanen, who originally ruled DACA unlawful in 2021, and advocacy groups caution that no immediate changes will occur until the court issues a formal order. There are as many as 3.6 million Dreamers in the United States, many of whom either did not apply for DACA or aged into the program after it stopped accepting new applicants. Only a minority of the total Dreamer population, approximately 530,000 Dreamers, are currently protected under DACA. Current DACA recipients can continue renewing their protections, but the administration reserved the right to make “future lawful changes” to the program, leaving uncertainty about long-term stability even if new applications resume.
U.S. Begins Deportations of Iranians After Deal With Tehran
The Trump administration deported approximately 120 Iranians on September 30 following months of negotiations between Washington and Tehran. Iranian officials announced the deportation is part of a broader agreement to return up to 400 Iranian nationals, with most having entered the U.S. illegally through Mexico. While U.S. officials claimed the deportees included both convicted criminals and immigration violators, authorities have not provided specific evidence of criminal records for those removed.
The deportations mark a rare moment of cooperation between the two countries, which lack formal diplomatic relations, and represent a significant shift from decades of U.S. policy that traditionally welcomed Iranian asylum seekers fleeing persecution. Human rights advocates warn that some deportees may face persecution in Iran, particularly those who converted to Christianity, which can be punishable by death under Iranian law.
Required Refugee Consultation Deadline Passes Without Action by Administration
The Trump administration missed the September 30 legal deadline to consult with Congress on refugee admissions for fiscal year 2026, leaving the U.S. refugee admissions program in limbo as the new fiscal year began October 1. Democratic congressional leaders condemned the administration’s failure to schedule the required consultation, calling it a “blatant violation of federal law.” In August, reports suggested the administration was considering a refugee target of approximately 40,000 people, with a majority allocated to white South Africans known as Afrikaners, a significant departure from traditional refugee priorities focused on those fleeing persecution regardless of race or nationality. The administration has maintained an exception to its refugee suspension specifically for Afrikaners, with the first group arriving in May 2025. Advocacy groups note that the prolonged delay compounds humanitarian concerns for refugees worldwide, particularly Afghan allies, religious minorities, and others facing persecution who had been promised safety in the United States.
Legal
Trump Administration Asks Supreme Court to Uphold Ban on Birthright Citizenship
The Justice Department has asked the U.S. Supreme Court to determine the constitutionality of President Trump’s executive order ending birthright citizenship. This move signals a further legal escalation after many class action lawsuits were filed in response to a 6-3 SCOTUS decision in May to limit the ability of lower judges to issue nationwide injunctions. That opinion paved the way for such suits by leaving the question of birthright citizenship unanswered. Lower courts have since granted class-wide injunctions and ruled that the order is unconstitutional, blocking the administration from enforcing it.
The American doctrine of birthright citizenship has its foundation in the 14th amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The White House has interpreted “and subject to the jurisdiction of” to specifically exclude people who do not have legal authorization to be in the country. The Supreme Court has also previously affirmed the citizenship of people born in the U.S. to parents who are citizens of other countries. Researchers estimate that ending birthright citizenship would increase the unauthorized population by an additional 2.7 million by 2045 and by 5.4 million by 2075.
Federal Judge Finds Efforts to Deport Student Activists Unconstitutional
A federal judge in Massachusetts ruled that the Trump administration unlawfully targeted select noncitizen student activists and academics for deportation. The court did not find a formal “ideological deportation policy” as plaintiffs had argued. Instead, Judge William Young, an appointee of President Reagan, determined that federal officials intentionally used the Immigration and Nationality Act to “target a few for speaking out and then use the full rigor of the Act… to have them publicly deported.” Evidence produced at the trial showed that a transnational crime unit at the Department of Homeland Security (DHS) had secretly targeted campus protesters.
Judge Young found that Secretaries Noem and Rubio “engaged in a mode of enforcement leading to detaining, deporting, and revoking noncitizens’ visas solely on the basis of political speech, and with the intent of chilling such speech.” He described these actions as not only unconstitutional, but as “a thing virtually unknown to our constitutional tradition.”
State and Local
Federal Agents Conduct Large-Scale Raid at Chicago South Shore Apartment Building
Federal agents arrested 37 people during an early morning immigration enforcement operation at a Chicago South Shore apartment building on September 30. Witnesses described the raid as involving military-style tactics including helicopters, flashbang grenades, and armed agents in camouflage. The Department of Homeland Security (DHS) said the multi-agency operation targeted the building because it was “known to be frequented by Tren de Aragua members and their associates,” though officials provided no evidence to support this claim and did not confirm how many of those arrested were actual gang members. Residents reported that agents broke down doors throughout the five-story building, detained U.S. citizens for hours alongside undocumented immigrants, and separated children from parents during the raid.
The South Shore raid stands out as one of the largest actions under “Operation Midway Blitz,” the administration’s enhanced enforcement campaign that launched in Chicago on September 8. Chicago Mayor Brandon Johnson accused the Trump administration of attempting to militarize the city and criticized the operation for traumatizing communities rather than enhancing public safety.
Texas Restricts New Commercial Driver Licenses for Many Immigrants
The Texas Department of Public Safety (DPS) announced on September 29 that it has suspended the issuance and renewal of commercial driver licenses (CDLs) for immigrants with refugee, asylum, or DACA status, following a federal directive aimed at tightening licensing requirements for non-citizens. Pending applications from these groups have been terminated, and only applicants with employment-based visas and verified federal immigration status are now eligible for new CDLs. The move follows Texas Governor Greg Abbott’s directive to enforce English proficiency requirements for all commercial drivers on September 4. Governor Abbott and state officials cited concerns about compliance with a recent audit, while trucking industry leaders warned the move will intensify existing driver shortages and may raise shipping costs statewide.
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.2941
Visa Cap Enforcement Act of 2025
The bill would discontinue specified exemptions from the H‑1B numerical cap to apply the annual limitation more uniformly across petitioners.
Sponsored by Sen. Tom Cotton (R-Arkansas) (0 cosponsors)
09/30/2025 Introduced by Sen. Cotton
09/30/2025 Read twice and referred to the Committee on the Judiciary
S.2940
The OPT Fair Tax Act
The bill would treat employment under F‑1 Optional Practical Training as covered employment for FICA and Social Security tax purposes.
Sponsored by Sen. Tom Cotton (R-Arkansas) (0 cosponsors)
09/30/2025 Introduced by Sen. Cotton
09/30/2025 Read twice and referred to the Committee on Finance
S.2928
H–1B and L–1 Visa Reform Act
The bill would increase oversight and enforcement of the H‑1B and L‑1 immigrant visa programs, tighten employer standards, and make reforms to both programs.
Sponsored by Sen. Chuck Grassley (R-Iowa) (4 cosponsors)
09/29/2025 Introduced by Sen. Grassley
09/29/2025 Read twice and referred to the Committee on the Judiciary
H.R.5653
To amend section 287 of the Immigration and Nationality Act to require all immigration enforcement officers to wear and operate a body camera during public-facing immigration enforcement actions and to promote transparency and accountability
Sponsored by Rep. Donald Norcross (D-New Jersey) (0 cosponsors)
09/30/2025 Introduced by Rep. Norcross
09/30/2025 Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security
H.R.5604
To amend titles 10 and 32, United States Code, to prohibit the use of a member of the Armed Forces to enforce immigration laws
Sponsored by Rep. Andrea Salinas (D-Oregon) (4 cosponsors)
09/26/2025 Introduced by Rep. Salinas
09/26/2025 Referred to the House Committee on Armed Services
H.R.5603
To limit the authority immigration officers have at protected emergency response locations
The bill would restrict immigration enforcement authority at designated protected emergency response locations to minimize interference with emergency and humanitarian operations.
Sponsored by Rep. Emily Randall (D-Washington) (11 cosponsors)
09/26/2025 Introduced by Rep. Randall
09/26/2025 Referred to the House Committee on the Judiciary
H.R.5585
Equal Detention Standards Act of 2025
The bill would require uniform application of DHS detention standards across immigration detention facilities to set baseline conditions and oversight requirements.
Sponsored by Rep. Mike Kennedy (R-Utah) (0 cosponsors)
09/26/2025 Introduced by Rep. Kennedy
09/26/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be in session from Monday, October 7 through Friday, October 11.
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.
Department of Homeland Security Office of Inspector General (DHS OIG); Review of DHS Preparation for the End of Title 42 Public Health Order Prohibiting Entry of Certain People to the United States; Publicly Released September 29, 2025
This report examines the Department of Homeland Security’s preparedness activities leading up to the termination of the Title 42 public health order that allowed for the rapid expulsion of migrants at the border. The review assesses DHS’s planning efforts, resource allocation, and coordination with other federal agencies in transitioning from Title 42 expulsions to standard immigration processing under Title 8 of the U.S. Code.
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:
Q&A: Birthright Citizenship
Our explainer details how proposals to narrow birthright citizenship fly in the face of more than 125 years of common practice going back to the judicial interpretation of the 14th Amendment.
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 (10/3/25 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.