Mike Johnson Reelected as Speaker, Charts Upcoming Immigration Agenda

FAIR Take | January 2025

Last Friday, the House of Representatives reelected Mike Johnson (R-La.) to serve as Speaker of the House for the 119th Congress. Although it was unclear at first whether Rep. Johnson had enough votes to prevail, he was backed by President-elect Donald Trump and his election was sealed on the first ballot. The vote was 218-215-1, with all but one Republican supporting Johnson.

Leading up to the vote, some House Members were critical of Johnson, and a few even initially voted for other members to be Speaker. Their criticism focused on concerns that the bill drafting process has been neither transparent nor fiscally conservative throughout his tenure, specifically for appropriations bills. Notably, several congressmen either withheld their votes or at first voted for another candidate. It was only after Johnson pledged privately to engage in a more collaborative process that he was able to secure enough votes.

Following the vote, Speaker Johnson emphasized that border security will be his priority in the new Congress. Johnson said: “We will act quickly, and we will start by defending our nation’s borders. That’s the number one priority. In coordination with President Trump, this Congress will give our border and immigration enforcement agents the resources that they need to do their job. We will secure the border. We will deport dangerous criminal illegal aliens, and finally finish building the border wall.”

Perhaps in an effort to hold Speaker Johnson to his promise, the House Freedom Caucus released a public letter after his election, explaining that they voted for Johnson despite “sincere reservations” and that Speaker Johnson must enact President Trump’s agenda on border security. Specifically, the caucus members insisted the House must, “[f]ully secure the border to stop the flow of illegal aliens completely and enact permanent border security policy reforms without amnesty or immigration expansion.”

The same day as the election for Speaker, the House also passed a set of new rules for the 119th congressional session. Notably, among the items adopted was a new rule that requires a motion to remove the Speaker of the House to be endorsed by nine members, instead of one. Another new rule adopted requires that votes on bills placed on the suspension calendar, which allows bills to move quickly to the floor but requires a two-thirds majority vote, will now only take place Monday through Wednesday. The new rules also provide for the immediate consideration of twelve bills, including several immigration bills. Those bills include:

• A bill to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes.
• A bill to amend the Immigration and Nationality Act to provide that aliens who have been convicted of or who have committed sex offenses or domestic violence are inadmissible and deportable.
• A bill to make the assault of a law enforcement officer a deportable offense, and for other purposes.
• A bill to provide that sanctuary jurisdictions that provide benefits to aliens who are present in the United States without lawful status under the immigration laws are ineligible for Federal funds intended to benefit such aliens.
• A bill to impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle.
• A bill to amend the National Voter Registration Act of 1993 to require proof of United States citizenship to register an individual to vote in elections for Federal office, and for other purposes.

The first bill that the House is set to consider this week is the Laken Riley Act. Following the tragic murder of Laken Riley, the bill passed the House last year but the Senate failed to act on it. The Laken Riley Act would mandate the detention of inadmissible aliens for theft-related offenses and require the Department of Homeland Security (DHS) Secretary to issue detainers for such aliens to transfer them from local law enforcement into ICE custody. Additionally, the bill would grant state attorneys general legal standing to sue the federal government for harm inflicted on their states or citizens from the failure of government agencies to enforce our immigration laws. FAIR supports the Laken Riley Act.

In addition to these individual bills, Congressional Republicans also hope to quickly pass some border security measures through a process called reconciliation. Reconciliation is a process that allows fiscal bills to be passed with a simple majority in the Senate, avoiding the 60-vote threshold (filibuster) typically needed. However, the exact course Congressional Republicans plan to take is still unclear. Several weeks ago, Senate Majority Leader John Thune (R-S.D.) said the Senate plans to move two reconciliation packages. The first bill would focus on border security while the second bill would focus on tax policy and spending reductions. Just last weekend, however, Speaker Johnson indicated that President Trump prefers a single, large reconciliation bill to pass both chambers by May.

The reconciliation process represents a crucial opportunity for Congress to move quickly and begin reversing the border crisis. Key items that would meet the strict reconciliation guidelines include funding to restart border wall construction; hiring additional Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) personnel; and increasing detention space. Some other areas where Congress may act through reconciliation include:

• Ending benefits for illegal aliens, including housing, education, non-emergency medical care, and social services
• Eliminating tax credits for illegal aliens, namely the Additional Child Tax Credit (ACTC) and Earned Income Tax Credit (EITC)
• Increasing monetary penalties for overstaying visas
• Taxing remittance transfers outside the country
• Increasing funding for 287(g) agreements and grants to help state and local law enforcement cooperate with immigration enforcement

FAIR looks forward to working closely with Congress throughout the reconciliation process and beyond to ensure that real policy changes are enacted to stop catch-and-release, reform our asylum system, end parole abuse, and make our immigration system sustainable. To read FAIR’s Legislative Agenda for the 119th Congress, click here.