One Big Beautiful Bill Act Impacts on Immigration

by nick Venable, intern

 
 

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (OBBA), which includes one of the most sweeping attempts to restructure the U.S. immigration system in decades. Crafted through budget reconciliation, a legislative maneuver that bypasses normal appropriations procedures, this bill allocates a massive $170.7 billion across federal departments related to immigration and national security alongside tax cuts and other government spending policies.

Where the Money Goes

The majority of the funds are directed to the Department of Homeland Security and Governmental Affairs ($130.2 billion), the Judiciary ($39.5 billion), and Armed Services ($1 billion). Agencies have until September 30, 2029, to spend the funds, granting significant discretion to executive officials, most notably the Secretary of Homeland Security, over how the money is used.

Fee Increases: A New Barrier to Relief

The bill imposes harsh new financial burdens on asylum seekers and other migrants. For the first time in U.S. history, asylum applicants would be required to pay a $100 application fee, plus an additional $100 for each year their application remains pending. An applicant for a new employment authorization document (work permit) would now be charged $550. In a system where asylum cases can drag on for five years or longer, applicants could face a minimum of $1,150 in filing costs. These new fees disproportionately affect low-income immigrants, especially children, who under the bill must now pay $250 for Special Immigrant Juvenile Status unless waived.

Fees that already exist are dramatically increasing for Temporary Protected Status (TPS) registrations, work authorizations, and parolees. The fee to register for TPS is increasing to $500 from $50; parole fees are increasing to $1,000 from $630; and initial work permits for paroled noncitizens are increasing to $550 from $520.

Expansion of Detention and Enforcement

A total of $45 billion is allocated for constructing new detention centers, including those built and operated by private contractors. This represents a 308% increase from ICE’s 2024 detention budget. Additional provisions include $3.5 billion for state and local cooperation with ICE, encouraging states to establish their own detention facilities, a model already adopted in Florida.

The bill loosens legal protections, particularly for children, by seeking to override the Flores Settlement Agreement, which limits the detention period for minors. It also allows the DHS Secretary to establish minimum standards for detention facilities without undergoing the usual rulemaking process, raising serious concerns about inhumane conditions, medical neglect, and abuse. After children at the border were forced into cages in 2018, there is a very real possibility that the state of detention centers will become even worse.

Impact on Immigration Courts

While enforcement spending soars, funding for the immigration courts remains modest. Only $1.3 billion of the new allocations (0.76% of the total funding) is allotted to the Executive Office for Immigration Review, with an overall cap of 800 immigration judges. This imbalance between the courts and enforcement threatens to deepen the immigration court backlog, which currently exceeds 3.67 million cases. Plus it risks leaving many individuals, especially those in detention, waiting years for resolution.

Implications for Tennessee

The effects of this bill could be particularly felt in Tennessee, where immigration enforcement already operates in close collaboration with federal authorities. The $3.5 billion fund for local cooperation could incentivize more aggressive ICE partnerships with county sheriffs and state troopers, particularly in areas with existing 287(g) agreements.

The bill also earmarks $300 million for child sponsor background checks and physical exams for minors in Office of Refugee Resettlement (ORR) custody, including controversial measures like body searches for tattoos, raising serious ethical and privacy concerns.

Tennessee is home to a growing immigrant population, around 430,000 according to the American Immigration Council, including thousands of asylum seekers, TPS holders, and undocumented minors. The proposed fee increases and expanded detention infrastructure may force many into legal limbo or deportation. For organizations like Tennessee Justice for Our Neighbors (TNJFON), which provides legal representation to low-income immigrants, it is apparent that the need for affordable legal services will increase drastically in the community as a result of these changes, further necessitating additional support in this field of work.

Militarization of the Border

The bill devotes $46.6 billion to border wall construction and $7.8 billion to Border Patrol personnel and vehicles. An additional $1 billion would fund the military’s presence at the border, alongside $450 million for Operation Stonegarden, which supports local law enforcement's role in border security. While these funds may not directly affect Tennessee, they reflect a national redirection of immigration resources away from integration and legal processing towards policing and exclusion.

The immigration process is already long and arduous with legal pathways being limited or non-existent for many. This bill shifts the immigration system toward greater criminalization, privatization, and financial inaccessibility, while further eliminating lawful avenues for immigrants. With minimal Congressional oversight, expanded executive power, and disproportionate burdens on low-income and vulnerable immigrants, Trump’s “Big Beautiful Bill” represents not just a policy shift, but a moral and legal pivot in the U.S. approach to immigration.

States like Tennessee, with significant immigrant communities and a complex relationship with federal immigration enforcement, are likely to feel the effects of this bill acutely, through increased detentions, legal bottlenecks, and strained support services for families simply trying to survive.

Laura Yepes