As President-elect Donald Trump prepares for his second term following the 2024 election, immigration policy continues to be a defining issue for the nation. Trump’s proposed initiatives—resuming border wall construction, intensifying deportation efforts, and involving state and local law enforcement in federal immigration enforcement—have reignited debates over the future of immigration policy in America. With 23 Republican state trifectas, state legislatures are responding in diverse ways, with some doubling down on restrictive measures.
Immigration Policy in 2025: States Following Texas’ Lead
Republican-led states are increasingly adopting stricter immigration policies modeled after Texas’ Operation Lone Star, a $11 billion initiative involving border barriers, deployment of state troopers and National Guard members, and the transportation of migrants to sanctuary cities. Other states, such as Iowa, Louisiana, and Oklahoma, have passed laws granting law enforcement authority to detain individuals suspected of lacking legal status. Additionally, Arizona voters recently approved a measure enabling local police to arrest migrants crossing the border, set to take effect if similar laws in other states remain active for 60 days. Other states, including Georgia, Utah, and North Carolina, have introduced measures to increase cooperation with federal immigration officials, enforce federal immigration laws in jails, and prioritize deportations of individuals posing public safety risks.
Florida Bill to Eliminate Tuition Benefits for Undocumented Immigrants
In Florida, legislation proposed by State Senator Randy Fine (R) for the 2025 session, SB 90, seeks to strip tuition benefits from undocumented students who currently qualify under specific criteria. The bill would eliminate provisions allowing certain students, including undocumented students, to qualify for out-of-state fee waivers if they meet specific criteria. These criteria include attending a Florida secondary school for three consecutive years before graduating, enrolling in higher education within 24 months, and submitting a Florida high school transcript.
Under the existing framework, qualifying students can pay the same tuition and fees as Florida residents for up to 110% of the required credit hours of their degree or certificate programs. Institutions must report the number and value of such waivers annually and systemwide enrollment statistics for resident and nonresident students. The waiver also currently prioritizes veterans over other students within nonresident enrollment limits.
This bill would remove these waivers if enacted, potentially impacting access to affordable higher education for affected students. The act is set to take effect on July 1, 2025.
Missouri Bounty Program Bill Introduced
In Missouri, SB 72, pre-filed by a Missouri lawmaker, proposes the creation of a new felony offense, “trespass by an undocumented individual,” which would apply to undocumented individuals who knowingly enter and remain in the state. The felony offense would be punishable by imprisonment without eligibility for probation or parole, with specific exceptions outlined in the legislation. Individuals found guilty would also be prohibited from voting, receiving public benefits, obtaining a driver’s license, or becoming legal residents in Missouri.
The bill would establish the “Missouri Illegal Alien Certified Bounty Hunter Program,” allowing licensed bail bond agents and surety recovery agents to be certified for locating and apprehending undocumented individuals. Additionally, the Department of Public Safety would develop an information system for citizens to report suspected violations via a hotline, email, or online portal, with a $1,000 reward for reports that result in arrests. Funding for these initiatives would come from the newly created “Missouri Illegal Alien Certified Bounty Hunter Program Fund,” supported by appropriations from the General Assembly.
California’s Resistance: Defending Their Immigration Policy in 2025
In stark contrast, California lawmakers returned to Sacramento in early December 2024 for a special session to address and protect the state’s more progressive immigration policies before President-elect Trump takes office on January 20, 2025. Notably, Assemblymember Jesse Gabriel (D) introduced legislation in the special session to provide up to $25 million in additional funding for the California Department of Justice and other state agencies to potentially challenge any “unconstitutional or unlawful federal actions that threaten California’s interests or values” in areas such as immigration.
An additional bill for the 2025–26 session, Assembly Bill 49, proposes new restrictions on the activities of federal Immigration and Customs Enforcement (ICE) officers at state school sites and daycare centers. The bill would enhance existing privacy and confidentiality laws that protect students and their families by prohibiting school officials and employees from permitting ICE officers to enter school premises without meeting specific requirements. ICE officers would need to provide valid identification, a written statement of purpose, and a valid judicial warrant and obtain approval from the school superintendent, principal, or an authorized designee. Even when these requirements are met, access would be limited to areas where students are not present. The bill would extend similar restrictions to child daycare centers, including preschools, infant centers, and after-school care facilities. ICE officers seeking entry must meet the same identification and approval requirements. They would only be granted access to spaces where children are not present.
From The Experts
Expert insights from the authors at Duane Morris Government Strategies.
Ryan Stevens
State legislatures are increasingly taking immigration into their own hands. This decentralized approach highlights the importance of local priorities in shaping national outcomes.
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