Editor’s note (November 4, 2026): Democrats won control of the House and Senate. See our follow-up on what split government means for immigration through 2028.
Voters on Tuesday are choosing the Congress that will serve through the last two years of President Donald Trump’s term, along with dozens of governors and at least 10 statewide ballot measures that touch on immigration. The 2026 midterms will not change a visa rule or a pending case overnight. They will decide who writes the next immigration laws, who can attach conditions to enforcement money, and how closely some states and counties work with federal agents.
Immigration is a top-tier issue for voters on both sides. In an October survey, Pew Research Center found that 59% of registered voters called immigration very important to their vote, including 72% of those backing Republican candidates and 53% of those backing Democrats. This article was published on Election Day, before polls closed, and reflects no results.
Where Congress stands going into the 2026 midterms
Republicans hold 53 of the 100 Senate seats, according to Ballotpedia’s partisan breakdown. The House stands at 218 Republicans, 214 Democrats, one independent who sits with Republicans and two vacancies, AFP reported. A House majority takes 218 seats.
All 435 House seats and 35 Senate seats are on the ballot, including special Senate elections in Florida and Ohio. The new Congress is sworn in on January 3, 2027. Until then, the current Congress keeps working in a lame-duck session.
Enforcement money is already set through 2029
The biggest immigration decisions of this Congress were about money, and much of that money is already locked in. President Trump signed the Secure America Act on June 10, 2026, after the House passed it 214 to 212 along party lines. The law provides about $69.55 billion for Customs and Border Protection, Immigration and Customs Enforcement and the Department of Homeland Security through fiscal year 2029, according to Rep. Mark Harris, a North Carolina Republican who voted for it.
The law funds agencies only. It does not change the rules for visas, status or admissibility, the National Law Review noted. It followed the 2025 One Big Beautiful Bill Act, and together the two reconciliation bills gave ICE and CBP $239.5 billion, by the American Immigration Council’s count.
Both bills used budget reconciliation, which needs only a simple majority in each chamber and cannot be filibustered. That is why control of each chamber matters for enforcement: a majority that wants more money, or wants to rescind unspent funds or attach conditions to future appropriations, needs control of both the House and Senate, plus the President’s signature. A President can veto a bill, and overriding a veto takes two-thirds of each chamber.
What a congressional majority controls
- The floor agenda: the Speaker and the Senate majority leader decide which immigration bills get a vote.
- Committees: the majority holds every chair, which sets hearings, subpoenas and oversight of DHS, ICE and USCIS.
- Annual funding bills: appropriations for agencies such as the Justice Department’s immigration courts move through these committees.
- Confirmations: the Senate confirms federal judges and senior DHS and Justice Department officials. Immigration judgeAn attorney appointed by the Attorney General who presides over removal proceedings in immigration court, part of the Executive Office for Immigration Review.See it in the glossary are Justice Department employees and are not Senate-confirmed.
Changing immigration law still takes 60 Senate votes
Any lasting change to visa caps, green card categories, Per-country limitThe cap, set at 7 percent of the combined family and employment totals, on how many preference visas may go to natives of any single country in a fiscal year.See it in the glossary or protections such as Deferred Action for Childhood Arrivals (DACA)A policy begun in 2012 under which certain people who came to the United States as children could request deferred action, a discretionary decision not to pursue removal for a set period, along with work authorization. Deferred action does not provide lawful status. Under current court orders, USCIS continues to process renewals but is not approving initial requests.See it in the glossary requires a new law. Outside reconciliation, most bills need 60 Senate votes to end debate, so a party with fewer than 60 seats needs some votes from the other side.
The SAVE America Act shows how this plays out. The bill, which would require documentary proof of citizenship to register to vote, passed the House 218 to 213 on February 11, 2026. It stalled in the Senate short of 60 votes, and an attempt to attach it to the reconciliation bill failed 48 to 50, with several Republicans joining Democrats against it.
What the election does not change on its own
Executive orderA directive from the President to federal agencies and officials about how to run the executive branch and carry out the law. Executive orders are numbered and published in the Federal Register, and they generally bind the executive branch.See it in the glossary, proclamations, agency rules and USCIS policy stay in effect until the administration changes them, a court blocks them or Congress passes a law overriding them. Many of the policies this site tracks are being decided in court, not at the ballot box. Our explainer on how a President changes immigration policy lays out each tool and its limits.
Pending applications, Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary and the monthly Visa BulletinA monthly State Department publication showing which family and employment visa categories currently have visas available.See it in the glossary are not tied to election results. For what can and cannot happen to a case already filed, see what an administration can do to pending cases.
Immigration measures on state ballots
Citizenship and voting
Voters in Alaska, Arkansas, Kansas, South Dakota and West Virginia are deciding measures that state only U.S. citizens may vote, Ballotpedia reports. Arizona’s Proposition 144 would specify that only citizens can register, and California’s Proposition 39 would set ID rules for in-person voting and require officials to use “best efforts” to verify citizenship attestations, according to the American Immigration Council’s tracker.
Several of these measures restate existing law. Federal law already bars noncitizens from voting in federal elections. Alaska’s Ballot Measure 3, for example, would add the word “only” to a statute that already limits voting to citizens, the Alaska Beacon reported. Supporters describe the measures as a safeguard. Opponents, including some Alaska legislators, say they are unnecessary and can create fear among eligible voters. For related federal actions this fall, see our report on the court limits on DHS voter field operations.
Colorado Amendment 81
Colorado’s Amendment 81 would require law enforcement to notify DHS within 72 hours of charging someone with a violent crime, or any crime if the person has a prior felony, when officers cannot confirm the person is lawfully present. The state’s nonpartisan ballot analysis says the duty applies at charging, before any finding of guilt, and the measure needs 55% of the vote to pass because it amends the state constitution.
Supporters argue it creates one statewide standard for reporting violent and repeat offenders. Opponents argue it undercuts the presumption of innocence and could discourage crime reporting. If approved, it takes effect by governor’s proclamation within 30 days after the official canvass, according to the fiscal impact statement.
Arizona Proposition 317 and Idaho HJR 6
Arizona’s Proposition 317 would declare drug cartels terrorist organizations under state law and direct the state Department of Homeland Security to use all lawful means to address them. The Legislative Council analysis notes it also declares that the measure does not support any AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary claim under federal law. Gov. Katie Hobbs, a Democrat, vetoed a similar bill in 2023, calling it not a state function, Ballotpedia News reported.
In Idaho, House Joint Resolution 6 would make English the official language in the state constitution and require English for public proceedings and documents unless federal law requires otherwise. Idaho already made English official by statute in 2007.
Governors, sheriffs and cooperation with ICE
Thirty-six states elect governors this year, and state leaders decide whether police and jails join 287(g) agreements, which let local officers carry out some immigration enforcement duties. Results can move a state in either direction.
- New York: the Local Cops, Local Crimes Act required agencies to end their 287(g) agreements, and Republican nominee Bruce Blakeman has said he would end “sanctuary state” policies if he defeats Gov. Kathy Hochul.
- Tennessee: most sheriffs’ offices partner with ICE through 287(g), and the leading candidates for governor are split on whether to expand or end that cooperation.
- Pennsylvania: 140 local governments have signed 287(g) partnerships since December 2024, fourth most in the country, Spotlight PA reported.
Sheriffs often make the decision themselves. In Wisconsin, 20 county agencies cooperate with ICE through 287(g), and two sheriff races turn on whether to stay in the program. Nationally, more than 2,400 sheriff and prosecutor seats are on 2026 ballots, Bolts counted.
When the results take effect
Close House and Senate races can take days or weeks to call and certify. Whatever the outcome, the current Congress serves until January 3, 2027, and the Secure America Act’s enforcement funding stays available through September 30, 2029, unless a new law changes it. State constitutional amendments generally take effect after certification, on timelines each state sets.