IMMIGRANT LEGAL RESOURCE CENTER

The Trump administration has ordered the prioritization of federal prosecutions for immigration-related offenses, including for simply entering the United States or reentering after removal without permission. Congress is considering budget proposals with hundreds of billions of dollars for border and immigration enforcement, including billions that would fund a dramatic increase in federal criminal prosecutions for immigration offenses. At the same time, some in Congress are again proposing legislation that would fuel mass incarceration by increasing penalties for those charged criminally for unauthorized reentry into the United States. This explainer describes how the budget proposals currently in Congress would fund mass prosecutions that have already had a deadly and costly impact over the years. It also explains how the proposed legislation would line the pockets of the private prison industry with enormous cost to taxpayers.

Last month, DHS issued a notice expanding the reach of expedited removal to individuals living in the interior of the United States. This would allow certain noncitizens to be deported without an opportunity to gather evidence, contact an attorney, or to present their case to a judge. Because of the devastating impact of expanded expedited removal, noncitizens should be informed of the risks of expedited removal and learn how to assert their rights in the face of possible removal under this changed enforcement policy. This toolkit is designed to help legal services practitioners and know-your-rights presenters assist and counsel people who might be subject to expedited removal in an encounter with ICE or CBP.

In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.

This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).

On January 17th, 2025, the Fifth Circuit Court of Appeals (“Court”) issued its latest decision in the ongoing DACA litigation. While nothing has changed, and current DACA recipients can continue to renew their DACA and obtain both protection from deportation and work authorization, it is important to understand what the current state of DACA is and what can change in the future.