DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
BILLS INTRODUCED AND CONSIDERED
LEGISLATIVE FLOOR CALENDAR
UPCOMING HEARINGS AND MARKUPS
GOVERNMENT REPORTS
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
Federal
White House Overhauls Citizenship Test Raising Standards for Naturalization
On September 17, Citizenship Day, the Trump administration announced major changes to the U.S. naturalization process, introducing a more rigorous citizenship test for new applicants. The revamped exam increases the number of study questions from 100 to 128 and requires applicants to answer 12 out of 20 questions correctly, compared with the previous standard of 6 out of 10.
In addition to the updated test, the administration has reinstated stricter vetting procedures for naturalization applicants, including expanded background checks and the return of neighborhood interviews. Officials have emphasized evaluating applicants’ social media activity and “good moral character” as part of the process. Critics warn that the heightened standards may slow naturalization and create additional barriers for applicants.
Administration Proposes Major Changes to Asylum and Refugee Rules
The Trump administration is preparing a proposal at the United Nations General Assembly, scheduled for September 23, to sharply narrow global asylum protections while also setting domestic refugee priorities. Under the proposed U.N. framework, asylum seekers would be required to request refuge in the first safe country they enter rather than the country of their choosing. Asylum would be temporary, with host countries deciding when conditions in the country of origin have sufficiently improved to allow return.
Domestically, the administration is considering a refugee admissions cap of 40,000 for fiscal year 2026, with approximately 30,000 spots reserved for South Africans, namely Afrikaners. The White House has described the shift as guided by humanitarian concerns about the alleged targeting of white minority farmers in South Africa, though South Africa’s government disputes those claims.
In addition, United Nations Refugee Agency (UNHCR) issued a grave warning on the 75th anniversary of the 1951 Refugee Convention, highlighting that global asylum protections are increasingly under threat. Assistant High Commissioner Ruvendrini Menikdiwela criticized countries like the U.S. and European nations for suspending asylum applications and outsourcing refugee responsibilities to third countries, including countries in Africa.
Reports Cite Widespread Violations and Unsafe Conditions in ICE Detention Centers
On September 16, a Washington Post report documented systemic violations and unsafe conditions at Immigration and Customs Enforcement (ICE) detention facilities nationwide. Inspectors and internal records cited issues including overcrowding, inadequate medical care, unsanitary conditions, and repeated failures to comply with federal detention standards. The report follows recent increases in detention capacity under the Trump administration, which expanded ICE’s daily bed quota beyond 50,000 and pursued new contracts with private prison companies.
Advocates have raised concerns that the documented conditions place detainees at risk of serious harm, including preventable deaths. Several lawsuits are challenging facility practices, alleging violations of constitutional and statutory rights. ICE has stated it is committed to ensuring safety and compliance, citing ongoing inspections and oversight mechanisms. The findings come as immigrant detention has emerged as a central focus of the administration’s enforcement strategy, with more than 200 facilities currently housing detainees across the United States.
Trump Administration Would Impose a $100,000 Fee on H-1B Visa Applications
On September 19, Bloomberg reported that the Trump administration is preparing to sign a proclamation imposing a new $100,000 fee on H-1B visa applications. The change, which would apply to future applications, comes alongside a directive for the Labor Department to revise prevailing wage rules to prevent employers from using visas to undercut U.S. workers’ pay.
The H-1B program, which allocates 85,000 visas annually, is widely used by almost every industry in the country. The White House argues that the overhaul will protect American jobs, strengthen national security, and encourage more citizens to pursue STEM careers. Critics, however, warn the unprecedented fee could disrupt hiring pipelines, create uncertainty for employers, and sharply reduce access to skilled foreign workers.
H-2B Visa Cap Reached for First Half of Fiscal Year 2026
U.S. Citizenship and Immigration Services (USCIS) announced on September 16 that the statutory cap for H-2B visas for the first half of fiscal year 2026 has been reached, with September 12 set as the final receipt date for petitions covering jobs that start by March 31, 2026. The H-2B visa program allows U.S. employers to hire temporary foreign workers for nonagricultural, seasonal positions in sectors like landscaping, hospitality, and construction. The program is statutorily capped at 66,000 visas, splitting the total evenly between the year’s two halves. Although Congress has sometimes authorized additional visas through supplemental appropriations, employer demand consistently exceeds supply, leaving critical workforce needs unmet despite efforts to utilize foreign-born talent in key industries.
Legal
Judge Extends Protection Against Deportations of Unaccompanied Guatemalan Children
A federal judge in Washington, D.C. extended a suspension on the Trump administration’s attempt to deport unaccompanied Guatemalan minors who have active immigration cases. The case traces to a Labor Day weekend operation, during which the administration tried to remove dozens of Guatemalan children from shelters and foster care. In many instances, the government claimed the children’s parents had asked for their return to Guatemala. However, in a September 10 hearing the court found that claim was not supported: most parents could not be contacted, and among those reached, many did not request their children’s removal.
The order keeps in place temporary protections while the legal dispute continues. It prevents the removal of these children at least through mid-September, to allow the court more time to evaluate due process concerns. Advocates assert the removals violated legal protections for unaccompanied minors, including procedures under the Trafficking Victims Protection Reauthorization Act and other norms requiring parental or guardian contact and assessment of risk. The government has said it acted in coordination with Guatemalan authorities and claimed family reunification requests, but the court found many of those statements factually unsupported.
Federal Judges Block Administration Policy Excluding Immigrants from Head Start and Other Programs
Two federal judges have issued injunctions blocking Trump-administration restrictions that would have barred immigrants, without lawful status, from accessing programs like Head Start, adult education, health clinics, and job training.
In Washington state, U.S. District Judge Ricardo Martinez granted a nationwide injunction preventing the Department of Health and Human Services (HHS) from enforcing its July directive that reinterprets “federal public benefit” under the 1996 act (Personal Responsibility and Work Opportunity Reconciliation Act, or PRWORA) to cover Head Start and similar programs.
Separately, in Rhode Island, U.S. District Judge Mary McElroy issued a preliminary injunction halting implementation of the same policy in 20 states and the District of Columbia, following a lawsuit by those states’ attorneys general and D.C. officials.
The courts found the administration acted without following required rulemaking procedures, offered insufficient notice, and altered long-standing eligibility policies that did not previously require immigration status verification for many community-based programs. Plaintiffs argued the changes would cause immediate harm, including loss of early childhood education, decreased enrollments, and barriers for vulnerable families. The government has expressed disagreement with the rulings and expects higher courts may reverse the determinations.
Federal Judge Says She Lacks Jurisdiction to Assist Migrants Deported to Ghana
On September 17, a federal judge ruled that the court lacks authority to grant relief to five refugees from Nigeria and Gambia who were deported by the U.S. Government to Ghana along with nine others despite legal protections preventing them from being sent home over concerns they would suffer persecution. Attorneys for the U.S. Department of Justice sought to meet those legal requirements through an agreement with Ghana, which had provided assurances that the men would not be returned to their home countries. While Ghana hopes to leverage the diplomatic capital to reduce 15% tariffs recently placed on the country, one man was almost immediately returned to his home country and is currently in hiding. Although the Court was “alarmed and dismayed” by the removals and “the government’s cavalier acceptance of Plaintiffs’ ultimate transfer to countries where they face torture and persecution,” U.S. District Judge Tanya Chutkan said her “hands are tied.” The Trump administration has brokered deals with several countries to accept deported people, many of whom have no connection to those countries. In June, the U.S. Supreme Court allowed such third-country deportations, offering no formal opinion on the merits of the case. They have viewed similar matters as questions of foreign affairs, largely immune from judicial interference.
State and Local
Organizers in Several States Scale Back Celebrations Surrounding Hispanic Heritage Month Celebrations
Several cities in states across the country have scaled back or canceled celebrations of the Hispanic Heritage Month in fear of immigration crackdowns conducted by the Trump Administration. From Baltimore, Maryland, where dozens of Hispanic Heritage Month events have been modified to be indoors or canceled, Director of Mayor’s Office of Immigrant Affairs Catalina Rodriguez Lima, stated that “It’s unfortunate that people cannot take pride in their country of origin and ethnicities and celebrate. But we are in different times now. People should do what makes them feel safe.” In Massachusetts, where cities have seen increased ICE activity and celebrations have been canceled, Mayor Carlo de Maria of Everett stated that it “would not be right to hold a celebration at a time when members of our community may not feel safe attending.”
The purpose of the federally-recognized celebration is to celebrate the contributions of Latino and Hispanic individuals and their culture. Cities and individuals who have continued to hold Hispanic Heritage Month events have cited the importance of cultural gatherings and celebration. Karen Colato of Colorado and her sisters launched LatinA Flavor Café & Catering a week ahead of Hispanic Heritage Month and amidst concerns of ICE raids. She states that she launched the café amidst concerns that it is about “showing who we truly are, sharing our true values every day, not just for the month of Hispanic Heritage Month. I don’t want to go under the shadow and hide just for what I look like or what I am.”
Texas Expands State Role in Immigration Arrests
The Texas Department of Public Safety (DPS) has expanded its enforcement authority under Gov. Greg Abbott’s Operation Lone Star, moving beyond border security to make more than 3,000 immigration-related arrests so far this year. Nearly 90% of these arrests involve suspected federal immigration violations, such as unlawful entry, rather than state offenses. While the program began in border counties, DPS officers are now conducting operations in major metropolitan areas including Austin, Dallas, and Houston, signaling a broadening of the state’s role in immigration enforcement.
The shift has sparked legal and political debate, as immigration regulation is traditionally a federal responsibility. Civil rights advocates warn the expansion risks due process violations and racial profiling, while state leaders argue the measures are necessary to address what they describe as federal inaction on border security. The growing scale of Texas’s involvement highlights the tension between state and federal authority over immigration and sets the stage for potential legal challenges in the months ahead.
BILLS INTRODUCED AND CONSIDERED
S. 2803
Safeguarding the Use of the National Guard (SUN) Act
This bill would require the President to submit a report to Congress within 15 days of deploying the National Guard, except in circumstances related to a national disaster.
Sponsored by Sen. Alex Padilla (D-California) (4 cosponsors – 4 Democrats)
09/15/2025 Introduced by Sen. Padilla
09/15/2025 Referred to the Senate Committee on Armed Services
S.2821
American Tech Workforce Act
The bill would overhaul the H-1B visa process, including by raising the salary floor to at least $150,000 a year, ending the Optional Practical Training (OPT) program, and replacing the H-1B lottery with a system that prioritizes visas to positions with the highest salaries.
Sponsored by Sen. Jim Banks (R-Indiana)
09/16/2025 Introduced by Sen. Banks
09/15/2025 Referred to the Senate Committee on the Judiciary
S. 2886
America’s Children Act
The bill would allow the children of long-term visa holders who grow up in the U.S. to stay in America and maintain their legal status. Currently, these young individuals “age out” of their parents’ visa at age 21.
Sponsored by Sen. Alex Padilla (D-California) (9 cosponsors – 5 Republicans, 4 Democrats)
09/18/2025 Introduced by Sen. Padilla
09/18/2025 Referred to the Senate Committee on the Judiciary
H.R. 5398
To provide salary and expenses for Department of Homeland Security personnel during a Government shutdown during fiscal year 2026 or fiscal year 2027, and for other purposes.
Sponsored by Rep. Bill Huizenga (R-Michigan) (7 cosponsors – 7 Republicans)
09/16/2025 Introduced by Rep. Huizenga
09/16/2025 Referred to the House Committee on Appropriations
H.R. 5418
For the relief of Blanca Martinez.
This bill would allow an individual named Blanca Martinez – likely in Rep. Moulton’s district – to apply for an immigrant visa or adjustment of status, notwithstanding other immigration barriers.
Sponsored by Rep. Seth Moulton (D-Massachusetts) (0 cosponsors)
09/16/2025 Introduced by Rep. Moulton
09/16/2025 Referred to the House Committee on the Judiciary
H.R. 5492
To provide for automatic acquisition of United States citizenship for certain internationally adopted individuals, and for other purposes.
Sponsored by Rep. Adam Smith (D-Washington) (1 cosponsor – 1 Republican)
09/18/2025 Introduced by Rep. Smith
09/18/2025 Referred to the House Committee on the Judiciary
H.R. 5494
Essential Workers for Economic Advancement Act
This bill would create a new “H-2C” nonimmigrant visa for individuals coming to the
U.S. to work in nonagricultural, skill-specific positions. The bill would create an initial
maximum of 65,000 temporary H-2C visas, though the number of visas could increase or decrease in future years.
Sponsored by Rep. Lloyd Smucker (R-Pennsylvania) (9 cosponsors – 5 Republicans, 4 Democrats)
09/18/2025 Introduced by Rep. Smucker
09/18/2025 Referred to the House Committees on the Judiciary, Ways and means, and Oversight and Government Reform
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be in recess the week of September 22.
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.
U.S. Department of Homeland Security-Office of Inspector General (DHS-OIG); CBP Faces Limitations Detecting and Preventing Aliens’ Use of Fraudulent Documents to Enter the United States; September 12, 2025
This DHS-OIG report highlights that CBP faces limitations detecting and preventing entry of immigrants carrying fraudulent documents. It also highlights that CBP officers did not consistently report incidents of aliens using fraudulent documents.
U.S. Government Accountability Office (GAO); CBP Should Improve Performance Data and Deployment Plans for Scanning Systems; September 15, 2025
This GAO report highlights that CBP’s deployment plans of new scanning systems exclude nine major crossings that account for nearly 40% of passenger vehicle traffic at the southwest border. In addition, it highlights that CBP hasn’t defined key performance measures it needs to evaluate the new scanning systems.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Bill Analysis: Halting International Relocation of Employment (HIRE) Act
The bill seeks to tackle the offshoring of U.S. jobs and hiring of foreign nationals by creating significant financial disincentives for companies that hire foreign workers for services ultimately benefiting U.S. consumers.
Bill Summary: Afghan Adjustment Legislation
Our bill summary details the Afghan Adjustment Act (AAA) (H.R. 4895) and the Fulfilling Promises to Afghan Allies Act (S.2679), the bipartisan bills that would provide a clear pathway to permanent residency for Afghans who assisted the U.S. mission and support ongoing evacuation efforts for those who remain at risk overseas.
Current Status of DACA: Explainer
The resource provides a concise 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 (9/19/25 at 3:30 PM EST)
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*This Bulletin is not intended to be comprehensive. Please contact Arturo Castellanos-Canales, Policy and Advocacy Manager at the National Immigration Forum, with comments and suggestions of additional items to be included. Arturo can be reached at acastellanos@immigrationforum.org. Thank you.