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
USCIS Expands “Good Moral Character” Assessment for Citizenship Applications
U.S. Citizenship and Immigration Services (USCIS) instructed its officers to conduct more comprehensive evaluations of the “good moral character” requirement for naturalization. The new policy, issued on August 15, directs USCIS officers to place greater emphasis on positive attributes such as community involvement, family caregiving, educational attainment, stable employment, tax compliance, and length of U.S. residence, while also scrutinizing non-criminal conduct that may indicate a lack of civic responsibility, including habitual traffic violations, harassment, or aggressive solicitation.
While “good moral character” has long been a citizenship requirement alongside English and civics tests, the expanded criteria is a departure from decades of practice that primarily checked for serious crimes or disqualifying offenses such as drug violations. The policy change affects the 600,000 to one million legal immigrants who naturalize annually. The new guidance immediately drew criticism from former officials who argue it is designed to discourage applications and increase denial rates by “torturing the definition of good moral character to encompass extremely harmless behavior.”
US Workforce Has Lost 1.2 Million Foreign-Born Workers Since January
The U.S. economy has lost up to 1.2 million foreign-born workers since January 2025, a setback largely attributed to increases in immigration enforcement under the current administration. The looming worker shortage is affecting industries that depend heavily on immigrant labor, such as agriculture, construction, and hospitality. The agriculture sector saw a 6.5% drop in employment between March and July, accompanied by significant rises in fresh produce and meat prices. The construction sector has also been significantly impacted. Recent reports show that employment in construction fell across the ten states with the largest immigrant populations between June 2024 and June 2025. Meanwhile, economists warn that continued mass deportations could lead to inflation rising to 4% by 2026, up from around 2.5% today. The White House rejected claims that deportation policies are driving inflation, portraying the crackdown instead as an initiative to harness “untapped” labor potential.
Administration Advances H-1B Visa Selection Reform and Changes to Student Visas
The Office of Management and Budget (OMB) completed its review of a Department of Homeland Security (DHS) proposed rule that would replace the current H-1B visa lottery system with a weighted selection process prioritizing applicants who meet certain criteria, such as wage or education levels. The proposed regulation is expected to be published in the Federal Register within the coming days or weeks, followed by a 30-day public comment period. While specific details remain confidential until publication, the rule could supplement or entirely replace the annual random lottery system that currently allocates the 85,000 available H-1B visas by giving preference to registrants with higher salaries or advanced degrees. The first Trump administration finalized a similar rule in early 2021 that sought to prioritize foreign workers whose offered salaries fell within the highest wage level according to the Department of Labor’s four-level wage classification system. At the time, public comments expressed concern that the rule would disadvantage and prevent the hiring of early-career, foreign-born professionals. The Biden administration withdrew that regulation before implementation following a court order that invalidated the rule, returning to the traditional computerized lottery system.
Separately, the White House also cleared a proposal to impose fixed-term limits on international student visas, replacing the current practice that allows F-1 and J-1 visa holders to remain authorized for the full duration of their academic programs. Under the proposed rule, students would be required to periodically renew their status while enrolled, contrasting decades of established practice. Educational institutions and advocates have criticized similar proposals for creating procedural disruptions, processing delays, and potential gaps in lawful status that could interrupt students’ academic progress and work authorization. The proposal follows a series of immigration policy changes that have already prompted concerns about declining international enrollment, with experts projecting new international enrollment could fall 30 to 40 percent this fall, representing a potential $7 billion economic impact. Both rules will undergo public comment periods after Federal Register publication before any final implementation. On August 19, the Department of State announced it had revoked more than 6,000 student visas for alleged overstays and violations of the law.
Immigration Detention Hits Record High Amid Massive Expansion Plans and Legal Challenges
On August 11, the number of individuals in immigration detention in the U.S. reached a record-high of over 60,000, surpassing the previous peak of 55,654 set in August 2019. Meanwhile, the Trump administration continues to pursue an ambitious expansion strategy that would increase detention space to over 107,000 beds by January 2026. Immigration and Customs Enforcement (ICE) planning documents reveal plans to open or expand approximately 125 facilities nationwide, funded by the $45 billion congressional appropriation for detention expansion included in the One Big Beautiful Bill Act. The administration’s planned expansion relies heavily on detention centers capable of housing at least 1,000 people, rapidly deployable soft-sided structures at military bases, and a significant increase in family detention capacity across multiple new facilities.
These developments underscore the ongoing tension between the administration’s unprecedented expansion of immigration detention capacity and the federal judiciary’s enforcement of existing legal protections and facility standards. On August 15, a federal judge denied the Trump administration’s request to end a longstanding policy designed to protect immigrant children in detention. The federal judge found that the Flores Settlement, in place since 1997, has effectively improved conditions and noted the government had unsuccessfully attempted to terminate the agreement during the first Trump administration, calling the latest attempt “déjà vu.” The ruling follows mounting reports of deteriorating conditions at immigration detention facilities across the country. A federal judge issued a temporary restraining order on August 13 requiring ICE to improve certain conditions at New York City’s 26 Federal Plaza, where individuals reported being crammed into unsanitary holding rooms without adequate hygiene products and sleeping on floors.
Green Card Applicants Might be Placed in Removal Proceedings Under New USCIS Policy Update
U.S. Citizenship and Immigration Services (USCIS) revised its policy manual to allow the agency to initiate removal proceedings against individuals in the U.S. applying for green cards through marriage or family sponsorship if they lack current legal status, even while their applications are pending. Under the policy, which took effect August 1, 2025, filing a family-based petition or awaiting a decision does not ensure protection from deportation, as applicants may be referred to immigration court at any stage if they are found to be removable. The change is a further expansion in USCIS’s enforcement role, diverging from the agency’s traditional focus on adjudicating immigration benefits.
Since January 1, 2025, USCIS has received almost 270,000 Form I-130 “Alien Relative” petitions, approving more than 160,000 and denying over 21,000. Overall, almost 2.4 million cases remain pending, many for over six months. Although approval of a family sponsorship petition is a critical first step, it does not grant legal status, and those without authorization remain vulnerable to detention or deportation. Immigration experts caution that, previously, it was rare for green card applicants to be placed in removal proceedings unless they had committed serious offenses. They warn that the updated policy could create fear among immigrant families by increasing the risk of deportation during the application process and potentially discouraging eligible individuals from pursuing lawful status.
Department of Housing and Urban Development Will Only Offer Materials in English
On August 18, the U.S. Department of Housing and Urban Development (HUD) announced that the agency will no longer provide any material in languages other than English. This move aligns with a March executive order declaring English the official language of the United States. HUD Secretary Scott Turner emphasized that the agency will now produce all materials exclusively in English, removing non-English content from its website and ceasing translation services, except where legally mandated under laws like the Americans with Disabilities Act or the Violence Against Women Act. Critics argue that this English-only policy could significantly hinder access to housing resources for millions of immigrants and non-English-speaking residents, including in places like Puerto Rico and Hawaii.
In a parallel effort, on August 12 the administration appealed a federal court ruling that restricted Immigration and Customs Enforcement (ICE) agents in Southern California from detaining individuals based solely on factors such as speaking Spanish. The court found that such practices likely violate the Fourth Amendment’s protections against unreasonable searches and seizures, citing evidence of indiscriminate stops targeting Latino individuals. In its emergency appeal to the Supreme Court, the Justice Department contends that these restrictions impede immigration enforcement operations and asserts that factors like language can, in certain situations, heighten the likelihood of unlawful presence. The Supreme Court is expected to consider the administration’s request in the coming weeks.
Legal
Boston and D.C. Defy Federal Threats and Police Takeover
On August 19, Boston Mayor Michelle Wu rejected Attorney General Pam Bondi’s ultimatum demanding that so-called sanctuary cities eliminate protections for immigrants or risk losing federal funds and facing prosecution. In a letter, Wu defended Boston’s Trust Act, which prohibits local law enforcement from detaining individuals solely based on ICE requests without a criminal warrant. She argued that the Trump administration’s threats are legally baseless and likely unconstitutional, framing them as an attempt to coerce cities into abandoning their values. Wu emphasized that limiting cooperation with federal immigration officers is essential for public safety and community trust, ensuring that residents—regardless of immigration status—feel secure reporting crimes and accessing city services. Wu further vowed that Boston would remain a “beacon of freedom” and a safe haven for immigrants, rejecting what she called politically motivated attacks on local autonomy.
Separately, on August 15, a federal judge ruled that Washington D.C. Police Chief Pamela Smith must remain in control of the Metropolitan Police Department but indicated the Trump administration can likely require local officers to assist with immigration enforcement under federal emergency powers. The ruling came after D.C. Attorney General Brian Schwalb sued the Justice Department, calling Attorney General Pam Bondi’s August 14 order a “hostile takeover” that rescinded the city’s “sanctuary policies” and suspended restrictions on cooperation with ICE. The judge’s decision requires federal directives to go through D.C. Mayor Muriel Bowser rather than bypassing local command. The dispute centers on Trump’s invocation of rarely used emergency powers in the 1973 Home Rule Act, which allows the president to “direct” the mayor to provide police services for federal purposes during declared emergencies lasting up to 30 days. Bondi’s order specifically rescinded Smith’s 2024 directive limiting police inquiries about immigration status and her 2023 order prohibiting arrests solely for immigration violations, creating what officials describe as the greatest threat to D.C. home rule in decades.
Federal Judge Blocks Some of the Administration’s Data Sharing for Immigration Enforcement
A federal judge issued a preliminary injunction on August 12 blocking the Department of Health and Human Services (HHS) from sharing Medicaid data from 20 states for immigration enforcement purposes while litigation continues. In July, the states had filed suit challenging HHS’s transfer of Medicaid data files containing millions of people’s personal health records to the Department of Homeland Security (DHS). The judge found that the Trump administration appeared to have granted immigration enforcement officers “unfettered access to all information about all Medicaid patients in the United States, whether citizens or noncitizens” without conducting a proper decision-making process. Medicaid data sharing represents part of the administration’s broader effort to leverage federal databases for immigration enforcement, which has encountered both legal and procedural resistance. The preliminary injunction affects Medicaid data from plaintiff states including California, Arizona, Delaware, Illinois, and Maine, though the judge denied their request to force the administration to undergo notice-and-comment rulemaking before implementing future policy changes.
Federal Judges Rule ICE Courthouse Arrests Violate Due Process Rights
Two federal judges have ruled that the Trump administration’s strategy of arresting immigrants at immigration courthouses violates constitutional due process protections, ordering the release of detained asylum-seekers in separate cases in New York. The rulings challenge the administration’s broader courthouse arrest strategy, which has drawn criticism for deterring immigrants from participating in the immigration court system. In one ruling, a federal judge found that Immigration and Customs Enforcement (ICE) violated the rights of a 40-year-old Jamaican asylum-seeker arrested before his scheduled court appearance, determining that agents failed to conduct any meaningful assessment of whether he posed a flight risk or danger to the community. In a separate case, another federal judge criticized ICE’s courthouse arrest tactics as turning immigration proceedings into “detention roulette,” ruling in favor of a 27-year-old Paraguayan asylum-seeker detained after his July court hearing. Both judges condemned the practice of arresting individuals without individualized determinations.
Trump Administration Lawsuit Against Maryland Federal Judges Moves Forward
A federal judge in Baltimore is expected to rule by Labor Day on the Trump administration’s unprecedented lawsuit against all 15 federal judges in Maryland. The administration’s lawsuit challenges a standing court order that temporarily delays deportations for two business days when immigrants file habeas petitions challenging the legality of their detention. The Department of Justice (DOJ) argues the order oversteps judicial authority by broadly pausing government actions without assessing each case, but the presiding judge expressed skepticism about whether suing the entire Maryland bench was the appropriate way to contest the policy, noting that alternative legal avenues exist. The case highlights escalating tensions between the executive branch and the judiciary over immigration enforcement, with lawyers for the Maryland judges warning the lawsuit could undermine judicial independence and disrupt the entire federal court system
State and Local
Republican States Deploy National Guard to Support Immigration Enforcement
At least six Republican-led states have activated or authorized National Guard troops to assist Immigration and Customs Enforcement (ICE) in administrative and logistical roles. Florida, Idaho, Iowa, Tennessee, West Virginia, and South Dakota have already deployed Guard members to backfill clerical, transportation, and detention facility support tasks, freeing ICE officers for field enforcement operations, while Nevada, Louisiana, and South Carolina are in the process of approving similar deployments. Iowa Governor Kim Reynolds announced on August 12 that 20 Iowa National Guard soldiers would begin providing administrative support to ICE from September through November, reflecting a broader trend of states using Guard resources to support federal immigration enforcement. The National Guard Bureau has granted 20 GOP-led states authority to deploy forces under Title 32 orders within their own borders, separate from a Pentagon deployment authorizing up to 700 active-duty troops to support ICE in Florida, Louisiana, and Texas. Arkansas has taken a unique approach by applying for broader immigration enforcement powers for its National Guard under ICE’s 287(g) task force model, which would allow trained Guard members to make immigration arrests, diverging from the non-law-enforcement administrative roles most other states’ Guard units are performing.
BILLS INTRODUCED AND CONSIDERED
H.R.4944
Ending Qualified Immunity for ICE Agents Act
The bill would remove qualified-immunity defenses for U.S. Immigration and Customs Enforcement (ICE) officers and contractors in civil actions alleging constitutional or statutory violations during immigration enforcement. It would authorize compensatory and punitive damages, allow prevailing plaintiffs to recover attorney’s fees, and require the Department of Homeland Security (DHS) to publish annual statistics on claims and judgments arising from ICE activities.
Sponsored by Rep. Shri Thanedar (D-Michigan) (1 cosponsor)
08/08/2025 Introduced by Rep. Thanedar
08/08/2025 Referred to the House Committee on the Judiciary
H.R.4959
Land of the Free Act of 2025
The bill would establish an affirmative statutory presumption that any non-citizen who has been ordered released from immigration detention—and whose continued confinement is not required by a court order—must be promptly released, absent clear evidence of flight risk or danger to the community. It would also create federal reporting requirements for prolonged detention, set maximum time‐limits on civil immigration detention, and allow detainees to seek bond hearings if held longer than 60 days.
Sponsored by Rep. Deborah Ross (D-North Carolina) (10 cosponsors)
08/12/2025 Introduced by Rep. Ross
08/12/2025 Referred to the House Committee on the Judiciary
H.R.4995
Enduring Welcome Act of 2025
The bill would codify the Office of the Coordinator for Afghan Relocation Efforts (CARE) and the responsibilities of the Coordinator and establishing a database of cases in the Afghan relocation pipeline. The legislation would also provide critical tools to expedite family reunification, improve interagency coordination, and enhance oversight through regular reporting to Congress, without altering rigorous national security vetting procedures.
Sponsored by Rep. Sydney Kamlager-Dove (D-California) (18 cosponsors)
08/19/2025 Introduced by Rep. Kamlager-Dove
08/19/2025 Referred to the House Committees on Foreign Affairs and on the Judiciary
H.R.5005
Sanctuary Penalty and Public Protection Act of 2025
The bill would strip all federal funds to sanctuary jurisdictions.
Sponsored by Rep. Chip Roy (R-Texas) (14 cosponsors)
08/19/2025 Introduced by Rep. Roy
08/19/2025 Referred to the House Committee on the Judiciary
H.R.5007
To direct the Director of the U.S. Immigration and Customs Enforcement to report on information about arrests made by U.S. Immigration and Customs Enforcement
Sponsored by Rep. Suhas Subramanyam (D-Virginia) (1 cosponsor)
08/19/2025 Introduced by Rep. Subramanyam
08/19/2025 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be in recess until Tuesday, September 2.
UPCOMING HEARINGS AND MARKUPS
There are no immigration-related hearings scheduled for the next two weeks.
GOVERNMENT REPORTS
There were no immigration-related government reports published in the last two weeks.
SPOTLIGHT ON NATIONAL IMMIGRATION 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: 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 identical 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, top-level 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.
Undocumented Immigrants Are Integral To Our Nation
This explainer provides an overview specifically of the tax, spending, and labor contributions of the undocumented population and then briefly outlines the potential economic implications of losing these integral contributions.
*As of publication (8/21/25 at 2:55 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.