On November 3, 2026, voters gave Democrats control of both the House and Senate. They will assume leadership when Congress convenes in January. But major changes to immigration law are unlikely in the short term. The President has veto power and broad authority in enforcing policy, making sweeping legislation unlikely. Instead, changes may occur in how existing policies are implemented, with Congress likely to exercise increased oversight.
Immigration as a Voting Issue
Immigration was not the defining issue in this election. An exit poll by Newsweek said only 14% of voters thought immigration was the most important issue. The top issue was the economy at 39 percent, followed by the state of democracy at 32%.
Voters expressed strong opinions on this issue. The same exit poll found 57% believed enforcement efforts had gone too far and 60 percent disapproved of ICE’s performance. Some 70% said enforcement policy was a very important or major factor in their vote for Congress. Enforcement anger was high, but still less than concerns about the economy and democracy.
What this Means
Democrats control both chambers, so the administration should brace itself for more oversight. Although Congress does not directly control the day-to-day operations of Immigration and Customs Performance (ICE), it has a number of tools to hold the agency accountable, including hearings, investigations, requests for documents, and the appropriations process, which gives Congress the power to place conditions on spending by the Department of Homeland Security (DHS). ICE and Customs and Border Protection (CBP) are likely to see more public scrutiny over the next two years than they have since 2024.
One big issue is the allegation that ICE and other enforcement agencies have ignored court orders, which raises serious constitutional questions. It is the duty of every administration, no matter which party is in power, to uphold the law and to follow court rulings.
Praveen C. Medikundam, a partner at International Legal and Business Services Group LLP, expects to see a change in the administration’s enforcement approach in the new Congress, even if the underlying legislation remains unchanged.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.