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.
Legal
Fifth Circuit Court of Appeals Finds “No Invasion,” Blocking Administration’s Use of Alien Enemies Act
A federal appeals court rejected President Trump’s attempts to use the 1798 Alien Enemies Act to deport Venezuelan immigrants he claimed were members of Tren de Aragua. The U.S. Court of Appeals for the Fifth Circuit ruled in a 2-1 decision that there was “no invasion” justifying the wartime law’s invocation. The majority opinion found that “a country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force,” rejecting the administration’s assertion that large-scale immigration constitutes a military breach of U.S. borders sufficient to trigger the sweeping deportation powers of the 18th-century statute. The New Orleans-based Fifth Circuit became the first appellate court to rule substantively on Trump’s use of the wartime authority following earlier Supreme Court intervention, though the administration can appeal to the full Fifth Circuit, widely considered the country’s most conservative appeals court, or directly to the Supreme Court.
The ruling blocks the Trump administration from using the act to deport Venezuelan immigrants being held in detention centers and maintains a provision requiring officials to provide a week’s advance warning before any removal under the law. Trump had invoked the Alien Enemies Act in March, using it to deport hundreds of men to El Salvador. Kilmar Abrego Garcia, who was wrongfully deported to El Salvador under the act and later returned to face federal charges, has filed a new asylum application in immigration court as the administration seeks to deport him to Uganda. A federal judge has temporarily blocked his deportation to Uganda while his lawsuit challenging the removal proceeds, with the next hearing scheduled for October 6.
Expansion of Expedited Removal Temporarily Restricted by Federal Judge Over Due Process Concerns
A federal judge blocked the Trump administration’s effort to expand fast-track deportations nationwide under a process known as expedited removal, ruling that the policy violates migrants’ due process rights. The August 29 decision halted a January directive that had expanded expedited removal, previously limited to migrants detained within 100 miles of the border who had been in the U.S. for less than 14 days, to apply anywhere in the country for individuals unable to prove they had resided in the U.S. for more than two years. The federal judge wrote that “in applying the statute to a huge group of people living in the interior of the country who have not previously been subject to expedited removal, the Government must afford them due process,” describing the administration’s argument that undocumented immigrants are not entitled to Fifth Amendment protections as “truly startling.”
The ruling represents a major setback for the administration’s deportation strategy, particularly affecting Immigration and Customs Enforcement (ICE) operations that have positioned officers in immigration courthouses to arrest individuals after their hearings are dismissed and then place them into the expedited removal process. The Department of Homeland Security (DHS) criticized the decision, stating that “President Trump has a mandate to arrest and deport the worst of the worst.” Earlier this month, the same judge also temporarily blocked the administration from using expedited removal against hundreds of thousands of immigrants who entered the U.S. through humanitarian parole programs, with both rulings likely to face appeals as the administration seeks to maintain tools for rapid deportations without court hearings.
Judge Temporarily Blocks Removal of Guatemalan Children
A federal judge issued an emergency restraining order blocking the Trump administration from deporting 76 unaccompanied Guatemalan children who had been removed from shelters and placed on deportation flights near Harlingen, Texas, in the early morning hours of August 31. The intervention came following an emergency lawsuit filed by the National Immigration Law Center over the Labor Day weekend, with the judge ordering the return of one plane that had already taken off while two others remained on the tarmac. The temporary restraining order was later expanded to cover up to 700 Guatemalan children in federal custody, imposing a 14-day freeze on deportations while the legal challenge proceeds.
Many affected children reported fears of gang threats, trafficking, and family abuse if returned to Guatemala. The children’s attorneys argue the administration violated due process rights and federal laws protecting unaccompanied minors under the Trafficking Victims Protection Reauthorization Act by conducting removals without proper immigration court proceedings. While the government claims Guatemalan families requested their children’s return and cites a Guatemalan government proposal for repatriation, an internal Guatemalan report contradicts this narrative.
The case has been transferred to another federal judge with the next hearing scheduled for September 10. Similar legal challenges are proceeding in Arizona, where a federal judge successfully blocked deportations of 53 additional children on September 3, as well as in Illinois and Washington, D.C., as attorneys seek longer-term injunctions to protect unaccompanied children in Office of Refugee Resettlement (ORR) custody who lack final removal orders.
Judge Finds President Trump’s Use of National Guard in Los Angeles Illegal
A federal judge in San Francisco found that President Trump’s administration violated federal law when it sent National Guard troops into Los Angeles in early June to police protests and assist with enforcement during a wave of immigration raids. The judge ruled that troops performed law enforcement functions prohibited by the Posse Comitatus Act and failed to properly coordinate with California officials. The order, which takes effect September 12, bars the remaining Guard soldiers from engaging in law enforcement duties such as making arrests, conducting searches, or collecting evidence, though the administration has indicated it will appeal the decision. President Trump has threatened similar deployments to other cities such as Chicago, and state and local officials have pledged legal action if plans proceed.
Federal
Administration Announces Termination of 2021 Designation of Venezuela for Temporary Protected Status
The Trump administration announced on September 3 that it will end Temporary Protected Status (TPS) for more than 250,000 Venezuelans, stripping them of work permits and deportation protections. The 2021 TPS designation for Venezuela now expires September 10, with termination becoming effective 60 days after Federal Register publication. Homeland Security Secretary Kristi Noem stated the decision to continue TPS for Venezuela was “contrary to the national interest,” claiming TPS creates a “magnet effect” that undermines border security. The termination is part of the administration’s broader campaign to end TPS protections for nationals of Afghanistan, Cameroon, Haiti, Honduras, Nepal, and Nicaragua.
This marks the administration’s second attempt to revoke Venezuelan protections after attempting to terminate a separate 2023 designation covering approximately 350,000 Venezuelans. The 2021 designation primarily covers Venezuelans who have lived in the U.S. longer, while the 2023 program covered more recent arrivals. The administration’s actions combined threaten deportation protections for over 620,000 Venezuelans despite ongoing political repression and economic collapse in Venezuela under President Nicolás Maduro. However, the administration faces significant legal obstacles. The 9th Circuit Court of Appeals has blocked the earlier 2023 termination, ruling that the government’s approach was unlawful and violated congressional intent to create TPS procedures “insulated from electoral politics.” The court upheld a lower court finding that criticized officials for making demeaning comments about Venezuelans.
State Department Launches Review of 55 Million Visa Holders Amid Policy Changes
The State Department announced on August 21 that it is conducting “continuous vetting” of all 55 million foreigners who currently hold valid U.S. visas. The review will examine visa holders for potential violations including overstays, criminal activity, threats to public safety, or any involvement in terrorist activities, with officials stating they will revoke visas “any time there are indications of a potential ineligibility.” The vetting process will include scrutiny of social media accounts, law enforcement records, and immigration histories, with the State Department reporting it has already revoked more than twice as many visas since Inauguration Day compared to the same period last year, including nearly four times as many student visas. Critics have raised concerns about the scope and potential for discriminatory enforcement of the continuous vetting program, warning that the review of all visa holders could unfairly target individuals based on speech or political views rather than genuine security threats.
The announcement came alongside Secretary of State Marco Rubio’s decision to halt the issuance of employment visas for commercial truck drivers following a fatal Florida crash involving a truck driver from India. However, the administration faced a legal setback when a federal judge ruled that the State Department cannot deny visas based on President Trump’s latest travel ban affecting citizens from 19 countries, though the ruling still allows authorities to turn away visa holders at ports of entry.
Department of Homeland Security Offers Incentives for Localities to Join 287(g) Program and Expands USCIS’s Law Enforcement Authorities
The Department of Homeland Security (DHS) announced a new program on September 2 to fully reimburse local police departments for officers who assist with immigration enforcement through the 287(g) program. Starting October 1, the announcement stated that Immigration and Customs Enforcement (ICE) will cover the annual salary and benefits of each eligible trained officer, including overtime coverage up to 25% of their annual salary, with funding provided through the One Big Beautiful Bill Act. The program also includes quarterly performance bonuses ranging from $500 to $1,000 per officer based on their success rate in locating undocumented immigrants identified by ICE. However, DHS has since removed the official press release from its website without explanation, though the announcement continues to circulate through DHS social media posts. The announcement reflects the dramatic expansion of the 287(g) program under the second Trump administration, with 958 active agreements across 35 states as of September 5.
Separately, DHS published a final rule expanding U.S. Citizenship and Immigration Services’ (USCIS) law enforcement authorities, authorizing the agency to recruit and train special agents with powers to investigate, arrest, and prosecute immigration law violations. USCIS said its director had also been authorized to order expedited removal and investigate civil and criminal violations of immigration laws. The new USCIS officers will have standard federal law enforcement authorities including carrying firearms, executing search and arrest warrants, and conducting investigations without referring cases to ICE. USCIS Director Joseph Edlow said the expansion will allow the agency to “act as a force multiplier” for DHS enforcement efforts. The rule becomes effective 30 days after publication in the Federal Register.
Justice Department Reverses Biden Asylum Policies While Loosening Requirements for Temporary Immigration Judges
Attorney General Pam Bondi issued two rulings on September 3 that effectively reinstate Trump-era restrictions making it significantly more difficult for domestic violence survivors and families fleeing gang violence to qualify for asylum in the United States. The rulings reverse Biden administration policies that had vacated similar restrictions in 2021, restoring interpretations from former Attorneys General Jeff Sessions and William Barr that victims of crimes by private actors generally do not qualify for asylum protection. Attorney General Bondi determined that while there “may be circumstances when a government’s failure to control private conduct itself amounts to persecution,” such circumstances are “few and far between.” The attorney general also raised evidentiary standards for asylum, requiring families to provide more proof beyond biological ties to demonstrate membership in a distinct group targeted for persecution. Immigration judges have already denied nearly 59,000 asylum claims in fiscal year 2025—the highest yearly total in at least a decade. Immigration law experts anticipate significant legal challenges, as migrants appeal asylum denials to federal circuit courts. “People will be denied protection,” warned Blaine Bookey of UC Law San Francisco, adding that the decisions represent “an easy tool for someone that’s predisposed to dismiss cases.”
Days earlier, the Justice Department loosened requirements for temporary immigration judges, allowing attorneys without experience in immigration law to oversee cases, including asylum. On August 27, the Pentagon also authorized up to 600 military lawyers to serve in immigration courts. The moves come amid concerns from civil rights advocates that immigration courts are becoming increasingly politicized to support the administration’s deportation efforts, with officials encouraging judges to dismiss asylum cases without hearings and firing immigration judges despite the asylum backlog.
Administration Seeks to Bar Disaster Aid Groups from Assisting Undocumented Immigrants
The Department of Homeland Security (DHS) has implemented new requirements barring states and volunteer organizations that receive federal disaster funding from helping undocumented immigrants, according to a Washington Post analysis of updated guidelines and interviews with Federal Emergency Management Agency (FEMA) employees. The fiscal year 2025 aid contracts prohibit recipients from operating “any program that benefits illegal immigrants or incentivizes illegal immigration” and require cooperation with immigration officials and enforcement operations, creating what emergency management experts characterize as an unprecedented use of disaster relief operations for immigration surveillance.
The Trump administration has fundamentally transformed FEMA’s approach to immigration issues throughout 2025, first targeting the agency’s Shelter and Services Program that helped communities support migrants released by DHS while simultaneously announcing over $600 million in new funding for states to detain undocumented migrants awaiting transfer to federal facilities. Earlier this year, FEMA initiated a comprehensive review of disaster programs that “may indirectly or incidentally” benefit undocumented migrants, setting the stage for the latest policy restrictions.
The new guidelines affect major disaster assistance organizations including the Red Cross and Salvation Army, potentially forcing groups that typically don’t ask about documentation status to verify recipients’ legal status before providing food, housing, mental health support, and other post-disaster assistance. Reports from disaster-affected areas like Hunt, Texas, indicate undocumented families are already hesitant to seek federal aid out of fear of attracting immigration enforcement attention. Faith-based disaster relief organizations have raised constitutional concerns about the requirements, arguing they violate First Amendment rights to determine who they serve, while state and local officials worry the terms conflict with laws that protect privacy and prohibit inquiries about immigration status.
Immigrant Population in the U.S. Declines for the First Time in Half a Century
Recent data suggest that, for the first time in decades, the U.S. immigrant population has begun to decline, dropping from a record high of 53.3 million in January 2025 to 51.9 million by June 2025, a decrease of more than 1.4 million people, according to Pew Research Center analysis of Census Bureau data. This shift follows heightened federal immigration enforcement under the second Trump administration’s aggressive policies, including stricter border controls, expanded deportation efforts, and scaled-back visa programs that have created a climate of fear prompting both voluntary departures and increased deportations. Whether this decline continues depends on the continued intensity of the administration’s policies, with the American Enterprise Institute projecting in July 2025 that net migration could remain flat or negative through 2026 as policies continue to reduce both low- and high-skilled foreign worker flows. Some observers caution that the recent analysis relies on the Current Population Survey (CPS), which the Census Bureau itself warns against using to measure immigration changes due to its sampling limitations and declining response rates among immigrant communities. The Peterson Institute for International Economics argues the reported decline is “implausibly large,” requiring massive downward revisions to job growth data or suggesting unemployment has dropped to a 72-year low of 2.6%, neither of which aligns with other economic indicators. While economists acknowledge that reduced immigration could ease short-term pressures on public services and labor markets, they warn of potentially severe long-term consequences including labor shortages and diminished economic growth, particularly given America’s aging population and historically low birth rates that make the economy increasingly dependent on immigrant workers.
State and Local
Everglades Detention Facility Allowed to Stay Open as Environmental Lawsuit Proceeds Through Appeals
A federal appeals court reversed a lower court’s decision, allowing the immigration detention facility dubbed “Alligator Alcatraz” to remain operational. The facility was hastily constructed in the environmentally sensitive Florida Everglades to house up to 3,000 individuals, and was touted by President Trump as a model for future immigration detention centers nationwide when it opened in July. A federal judge ruled on August 21 that Florida must shut down the facility by the end of October after environmental groups and the Miccosukee Tribe successfully argued it violated federal environmental laws and threatened the UNESCO World Heritage wetlands. Federal immigration authorities complied with the shutdown order by halting new transfers and moving detainees out of the facility.
However, a federal appeals court reversed course on September 4, with a 2-1 decision from the U.S. Court of Appeals for the 11th Circuit blocking the lower court’s shutdown order and effectively allowing the Everglades facility to remain operational while the environmental lawsuit proceeds. The majority ruling concluded that state and federal officials are likely to succeed in showing the site isn’t subject to the National Environmental Policy Act because it operates as a state facility and Florida has not yet received federal reimbursement for running the site.
Governor Ron DeSantis celebrated the appeals court decision, saying “the mission continues at Alligator Alcatraz,” while environmental groups vowed to continue their legal challenge. Florida officials have faced mounting pressure regarding inhumane conditions at the facility, including reports of overcrowding and inadequate access to legal services, prompting a separate federal lawsuit. Meanwhile, Governor DeSantis has announced plans to develop a second facility dubbed “Deportation Depot” in a state prison near Jacksonville, Florida.
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. 2690
A bill to amend title 49, United States Code, to require that commercial driver’s licenses be restricted to United States citizens, lawful permanent residents, and individuals authorized by U.S. Citizenship and Immigration Services to engage in employment in the United States
Sponsored by Sen. Ashley Moody (R-Florida) (0 cosponsors)
09/03/2025 Introduced by Sen. Moody
09/03/2025 Referred to the Senate Committee on Commerce, Science, and Transportation
H.R. 5073
INFORM Act of 2025
The bill would require Immigration and Customs Enforcement (ICE) to make their decision-making processes more transparent.
Sponsored by Rep. Luz M. Rivas (D-California) (0 cosponsors)
09/03/2025 Introduced by Rep. Rivas
09/03/2025 Referred to the House Committees on the Judiciary
H.R. 5098
Strengthening Our Workforce Act
The bill would provide non-citizens working in critical sectors, such as agriculture, health care, and emergency workers, a path to lawful permanent status.
Sponsored by Rep. Gabe Vasquez (D-New Mexico) (4 cosponsors— 4 Democrats, 0 Republicans)
09/02/2025 Introduced by Rep. Vasquez
09/02/2025 Referred to the House Committees on the Judiciary
H.R. 5108
Stop Greenlighting Driver Licenses for Illegal Immigrants
The bill would prevent states from issuing driver’s licenses to undocumented immigrants.
Sponsored by Rep. Jody Arrington (R-Texas) (11 cosponsors— 11 Republicans, 0 Democrats)
09/03/2025 Introduced by Rep. Arrington
09/03/2025 Referred to the House Committees on the Judiciary
H.R. 5113
Protect and Respect ICE Act
The bill would increase criminal penalties for assaulting, resisting, or impeding an ICE officer or employee.
Sponsored by Rep. Ashley Hinson (R-Iowa) (4 cosponsors— 4 Republicans, 0 Democrats)
09/03/2025 Introduced by Rep. Hinson
09/03/2025 Referred to the House Committees on the Judiciary
H.R. 5118
To amend title 18, United States Code, to establish a criminal prohibition on the public release of the name of a Federal law enforcement officer with the intent to obstruct a criminal investigation or immigration enforcement operation
Sponsored by Rep. Andrew Ogles (R-Tennessee) (0 cosponsors)
09/03/2025 Introduced by Rep. Ogles
09/03/2025 Referred to the House Committees on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of September 8. The U.S. House of Representatives will be in session from Monday, September 8, through Saturday, September 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.
U.S. Department of Homeland Security-Office of Inspector General (DHS-OIG); CBP Continues to Evaluate Cross-Border Tunnel Detection Technologies; August 25, 2025
This report finds that U.S. Customs and Border Protection (CBP) has made progress in evaluating critical tunnel detection technology since a 2021 audit, with two technologies approved for testing in 2020 and 2024 currently being assessed for operational effectiveness. The audit determined it was too early to evaluate the technologies’ effectiveness but noted that future program success will require adequate resources and effective coordination between CBP offices once vendor selection is completed
U.S. Government Accountability Office (GAO); Border Security: DHS Needs to Better Plan for and Oversee Future Facilities for Short-term Custody; September 2, 2025
This report examines U.S. Customs and Border Protection’s (CBP) use of temporary soft-sided facilities and the Department of Homeland Security’s Joint Processing Centers, finding that CBP spent over $4 billion on temporary facilities between 2019-2024 without adequate acquisition planning and that DHS began construction on permanent processing centers without complete cost information. GAO made six recommendations to improve planning, oversight, and documentation of lessons learned for future border facility investments.
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:
Bill Summary: Enduring Welcome Act of 2025
Our latest bill summary explores the Enduring Welcome Act (EWA) of 2025, which would establish and preserve the Office of the Coordinator for Afghan Relocation Efforts (CARE) for five years, and mandate data collection and reporting on the program to congressional committees.
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 (9/5/25 at 2:40PM 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.