Federal
Congress Ends Record DHS Shutdown After House Passes Funding Bill for Most of Agency
Congress ended the record-breaking Department of Homeland Security (DHS) shutdown on April 30 after the House passed a Senate-approved bill funding most of the department through September. President Trump signed the measure the same day, restoring funding for TSA, FEMA, the Coast Guard, and the Secret Service after 76 days of partial shutdown, though Immigration and Customs Enforcement (ICE) and Border Patrol were left out of the package. The compromise had already cleared the Senate earlier in the week and moved through the House by voice vote, with lawmakers acting after warnings that temporary funding to keep TSA workers and other DHS personnel paid was about to run out.
The bill ends the immediate shutdown but not the broader fight over immigration enforcement funding. When lawmakers return from a week-long recess, they will begin work on a reconciliation bill to fund ICE and Border Patrol through the end of 2028, a novel approach to government funding that Republicans have argued is necessary to prevent Democrats from holding up immigration funding again. Democrats had argued throughout negotiations that any deal needed stronger ICE accountability measures. GOP leadership said they will try to finance ICE and Border Patrol separately through a party-line reconciliation package. The shutdown, which began on February 14, had become the longest in the department’s history.
State Department Directs Embassies to Deny Visas to Applicants Expressing Fear of Return Home
The State Department issued a directive on April 28 requiring consular officers to ask all nonimmigrant visa applicants two new questions aimed at identifying potential asylum seekers: “Have you suffered or mistreated in your country of nationality or last habitual residence?” and “Do you fear harm or mistreatment upon returning to your country of nationality or last habitual residence?” Answering “yes” to either question, or declining to respond, will result in a visa denial, according to the cable sent to U.S. embassies and consulates worldwide. The questions, which are not on the DS-160 form and must be asked verbally, are part of a broader Trump administration effort to curb asylum claims by visa holders, with the directive stating that many misrepresent their intentions during visa applications.
The policy change follows a January 2025 executive order mandating stricter screening of immigrants, and consular officers must document responses in the consular case management system. Answering “no” falsely could result in penalties for deceiving a federal official, potentially barring future immigration benefits. Advocates have raised concerns that the questions could lead to increased visa refusals across categories like tourist, student, and work visas, particularly for applicants from unstable countries.
USCIS Mandates “Enhanced” Security Vetting for Immigration Applicants
U.S. Citizenship and Immigration Services (USCIS) mandated “enhanced” security checks for a wide range of immigration applications on April 27, directing officers to resubmit pending cases for expanded FBI background screenings and refrain from approving any applications that have not undergone the new vetting. The internal guidance affects fingerprint-based applications for green cards, asylum, naturalization, and refugee status adjustments, with officers instructed to re-submit fingerprints for cases where FBI data was received before April 27. The changes stem from a February executive order expanding DHS access to federal criminal history databases to identify potential threats among immigrants.
USCIS spokesperson Zach Kahler confirmed the agency “implemented new security checks to strengthen the vetting and screening of applicants through expanded access to federal criminal databases,” adding that “any delay in decision issuance should be brief and resolved shortly.” The enhanced checks represent the latest escalation in the Trump administration’s scrutiny of immigration applications, following social media reviews, visa processing pauses for 39 travel ban countries, and asylum adjudications holds. Immigration attorneys warned that the mandate could further slow processing times already strained by staffing shortages and backlogs, particularly for refugees and asylees.
H-2B Visa Cap Hit for Returning Workers
On April 29, USCIS reached the cap of 27,736 supplemental H-2B visas for returning workers with start dates from April 1 to April 30, 2026. Petitions had to be filed by April 21, 2026; later ones will be rejected. This adds to the base 66,000 visas, with DHS and DOL authorizing up to 64,716 extras for FY 2026. A third allocation of 18,490 visas is open to workers from any country for jobs starting May 1 to September 30, 2026. H-2B visas allow U.S. employers to hire foreign workers for temporary, non-agricultural jobs like landscaping, hospitality, or construction when there’s a seasonal or short-term need and not enough U.S. workers available.
Legal
Immigration Board Decision Makes DACA Recipients More Vulnerable to Deportation Proceedings
The Board of Immigration Appeals (BIA) issued a precedential ruling on April 24 in Matter of Santiago-Santiago holding that Deferred Action for Childhood Arrivals (DACA) status by itself does not compel immigration judges to terminate removal proceedings. Under prior practice, judges routinely dismissed deportation cases upon confirming valid DACA. The new decision requires judges to consider DHS prosecutorial discretion arguments, public safety factors and the full merits before granting administrative closure. DACA currently protects 525,000 childhood arrivals from deportation with renewable two-year work permits, though initial applications remain blocked by litigation. Since January 2025, ICE arrested nearly 300 DACA holders and deported more than 170, often for misdemeanors.
The case before the BIA involved Catalina “Xóchitl” Santiago-Santiago, a Texas DACA recipient and advocate detained by ICE in 2025 despite clean record and timely renewal. The Department of Justice (DOJ) appealed the immigration judge’s dismissal, asserting DACA does not bind enforcement priorities. The BIA unanimously agreed, establishing nationwide precedent.
Supreme Court Prepares Hears Arguments on Trump Administration’s Effort to End TPS for Haitians and Syrians
On April 29, the Supreme Court heard oral arguments on the Trump administration’s bid to terminate Temporary Protected Status (TPS) for roughly 350,000 Haitians and 6,100 Syrians. TPS, a humanitarian program enacted by Congress in 1990, shields nationals of designated countries experiencing armed conflict, environmental disasters or extraordinary temporary conditions from deportation while providing work authorization until DHS deems it safe to return. The U.S. granted TPS to Haiti following the devastating 2010 earthquake and to Syria at the outset of its 2011 civil war.
Many TPS beneficiaries have built lives in the U.S. over years or decades, established careers, and made community contributions. This litigation advances the administration’s larger campaign to rescind TPS designations for 13 out of 17 countries. Federal district courts have blocked both terminations. A Massachusetts judge cited racial animus in the Haiti ruling, while a California court held that the Syria decision bypassed required administrative procedures. The administration took its appeal directly to the Supreme Court, contending that lower courts exceeded their authority by scrutinizing discretionary TPS determinations. Oral arguments revealed a divided bench, with several conservative justices appearing sympathetic to the government’s position. The Court is expected to issue a decision by late June or early July, leaving current TPS protections intact in the interim.
Second Circuit Rejects Trump Administration’s Mandatory Detention Policy, Joining Growing Judicial Pushback
A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled on April 28 that the Trump administration’s policy of mandatory detention without bond hearings violates the Immigration and Nationality Act (INA) for noncitizens who entered without inspection but were not apprehended at the border. The court held such individuals are eligible for bond before an immigration judge. The Second Circuit rejected the policy as contrary to the statute’s text, structure, history and purpose, warning it would impose “the broadest mass-detention-without-bond mandate in our Nation’s history for millions of noncitizens.”
The decision, binding in New York, Connecticut and Vermont, directly conflicts with 2-1 rulings from the conservative Fifth Circuit (February 2026) and Eighth Circuit (March 2026) upholding the policy. It aligns with over 300 district judges who have ordered bond hearings or releases in more than 1,600 cases nationwide, often on due process grounds. The July 2025 ICE memo reclassified many long-term residents as “applicants for admission” to justify indefinite detention regardless of time in U.S., community ties or risk level. DHS vowed to appeal, citing BIA support and predicting Supreme Court vindication. The circuit split makes high court review likely.
State and Local
Tennessee Legislature Closes Session with Sweeping “Immigration 2026” Agenda
A bill that would have required public schools to collect and report students’ immigration status documentation failed to pass during the Tennessee legislative session. However, the Tennessee General Assembly passed more than a dozen immigration-related bills that were developed with White House adviser Stephen Miller. The various bills impact immigrants, non-English speakers, and Tennesseans who cannot readily produce documentation. One bill requires all state and local agencies, including public health clinics, to verify immigration status and to report the names of those without legal status receiving public assistance to immigration enforcement. Government employees who fail to comply with the requirement could face criminal charges, punishable by up to one year in jail. Another law makes it a crime to remain in Tennessee for more than 90 days after receiving a final deportation order, which could result in up to one year in jail. At least five other states have similar laws, which could provide a test case for the Supreme Court’s 2012 decision in Arizona v. United States.
A separate measure requires every sheriff in Tennessee to sign a 287(g) cooperation agreement with U.S. Immigration and Customs Enforcement (ICE) by January 1, 2027; if they fail to do so, they risk losing state funding. Davidson County Sheriff Daron Hall, who opposes the requirement, has said such agreements erode community trust and hinder local law enforcement. Nashville previously ended its 287(g) participation after a pregnant woman spent hours in labor while shackled in the county jail under the program. Under another bill, non-English-speaking applicants will be limited to a one-time restricted license valid for 18 months. The restricted license comes with an 11 p.m. curfew and can only be used to commute to school, work, religious services, and medical appointments. Additionally, commercial drivers operating in the state are also requiredto speak enough English to read road signs and interact with the public; those who cannot may be placed out of service by law enforcement.
BILLS INTRODUCED AND CONSIDERED
S. 4450
A bill to prohibit covered financial institutions from collecting, maintaining, and disclosing information relating to the citizenship status and immigration status of consumers, and for other purposes
Sponsored by Sen. Angela Alsobrooks (D-Maryland) (0 cosponsors)
04/30/2026 Introduced by Sen. Alsobrooks
04/30/2026 Read twice and referred to the Senate Committee on Banking, Housing, and Urban Affairs
S.J.Res. 190
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Executive Office for Immigration Review relating to “Appellate Procedures for the Board of Immigration Appeals”
Sponsored by Sen. Tim Kaine (D-Virginia) (1 cosponsor)
04/30/2026 Introduced by Sen. Kaine
04/30/2026 Read twice and referred to the Senate Committee on the Judiciary
S. 4389
A bill to protect children affected by immigration enforcement actions, and for other purposes
Sponsored by Sen. Tina Smith (D-Minnesota) (17 cosponsors)
04/27/2026 Introduced by Sen. Smith
04/27/2026 Read twice and referred to the Senate Committee on the Judiciary
S. 4405
A bill to authorize an increase in the Edward Byrne Memorial Justice Assistance Grant allocation for jurisdictions that enter into a 287(g) agreement to enhance immigration enforcement
Sponsored by Sen. Marsha Blackburn (R-Tennessee) (1 cosponsor)
04/28/2026 Introduced by Sen. Blackburn
04/28/2026 Read twice and referred to the Senate Committee on the Judiciary
H.R. 8557
To prohibit long-term custody in U.S. Immigration and Customs Enforcement holding facilities, and for other purposes
Sponsored by Rep. Greg Stanton (D-Arizona) (2 cosponsors)
04/28/2026 Introduced by Rep. Stanton
04/28/2026 Referred to the House Committee on the Judiciary
H.R. 8586
To amend the Immigration and Nationality Act to protect American workers and values
Sponsored by Rep. Barry Moore (R-Alabama) (4 cosponsors)
04/29/2026 Introduced by Rep. Moore
04/29/2026 Referred to the Committees on the Judiciary and Education and Workforce
H.R. 8628
To repeal section 101(a)(15)(U) of the Immigration and Nationality Act, and for other purposes
Sponsored by Rep. Chip Roy (R-Texas) (2 cosponsors)
04/30/2026 Introduced by Rep. Roy
04/30/2026 Referred to the House Committee on the Judiciary
H.R. 8635
To modernize and improve the accuracy, timeliness, and interoperability of the Systematic Alien Verification for Entitlements program, and for other purposes
Sponsored by Rep. Jefferson Shreve (R-Indiana) (1 cosponsor)
04/30/2026 Introduced by Rep. Shreve
04/30/2026 Referred to the House Committee on the Judiciary
H.R. 8639
To develop a scenario-based training curriculum for immigration officers, and for other purposes
Sponsored by Rep. Emilia Strong Sykes (D-Ohio) (0 cosponsors)
04/30/2026 Introduced by Rep. Sykes
04/30/2026 Referred to the House Committee on the Judiciary
H.R. 8643
To prohibit covered financial institutions from collecting, maintaining, and disclosing information relating to the citizenship status and immigration status of consumers, and for other purposes
Sponsored by Rep. Ritchie Torres (D-New York) (0 cosponsors)
04/30/2026 Introduced by Rep. Torres
04/30/2026 Referred to the House Committee on Financial Services
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is scheduled to be in recess from Monday, May 4, through Friday, May 8. The U.S. House is scheduled to be in session from Monday, May 4, through Thursday, May 7.
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:
Reclassifying ‘Applicants for Admission’: How the Second Trump Administration is Reshaping Mandatory Detention
Why Businesses Should Support Immigration Reform
Explainer: Proposed State Legislation on K-12 Enrollment and Immigration Documentation – Tennessee and South Carolina
Explainer: Plyler v. Doe and the Right of Undocumented Children to Access Public Education
*As of publication (5/1/26 at 12:30 PM 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@forumtogether.org. Thank you.