On November 3, 2026, the United States midterm elections came to a close, resulting in the Democratic Party gaining control of both the House of Representatives and the Senate. The newly elected Congress is set to be inaugurated in January 2027.
According to Sang M. Shin, a partner attorney at the large law firm Jackson Walker, the Democrats’ control over Congress could potentially influence U.S. immigration policy. However, he cautions that any significant changes to the existing immigration system are unlikely in the short term. The daily implementation of immigration policies is largely managed by the President along with various administrative agencies, such as the Department of Homeland Security, the Immigration Service, and the State Department.
With the Democratic Party in control of Congress, they have avenues to affect immigration policy through oversight investigations, budget negotiations, personnel appointments, and legislation. However, pushing through major reforms unilaterally will be challenging. Important legislation typically requires at least 60 votes in the Senate to advance, and the President holds veto power over any bills. If Congress seeks to override a presidential veto, it must secure a two-thirds majority in both houses.
In the meantime, the executive branch retains the authority to determine the focus of immigration enforcement, standards for visa reviews, and the processes for application approvals. Unless there is a proactive adjustment of policies by the government or a court ruling, the existing administrative measures will not change automatically as a result of the election outcomes.
One of the first actions the Democratic Party may take is to enhance oversight of immigration enforcement agencies. The House of Representatives is expected to hold hearings to investigate issues relating to immigration detention conditions, use of force by enforcement personnel, due process, and methods of immigration enforcement. They may also request relevant information from the Immigration and Customs Enforcement (ICE) and the Customs and Border Protection (CBP). Businesses could also face increased scrutiny regarding workplace enforcement and the approval of immigration applications.
In terms of budgetary concerns, Congress has allocated approximately $240 billion for immigration matters between 2025 and 2026, a significant portion of which consists of multi-year funding. Consequently, the Democratic Party will find it challenging to directly cut existing enforcement funding in the short term. However, they may seek to reclaim unutilized funds or attach restrictions to future budget negotiations for the Department of Homeland Security.
The Senate is responsible for confirming high-level officials at agencies like the Department of Homeland Security, the Immigration Service, and the Department of Labor. The Democratic-controlled Senate can leverage the personnel confirmation process to influence leadership in these departments, thereby indirectly altering the execution of immigration policies.
While it is anticipated that the Democratic Party will face significant obstacles in pushing through comprehensive immigration reforms over the next two years, certain bipartisan supported issues may still gain traction. These include reallocating previously unused green card allocations for employment-based immigration, adjusting country quotas to alleviate the backlog for applicants from India and China, protecting immigrant children facing aging-out issues due to delays in visa processing, and addressing shortages of doctors and healthcare providers.
Additional topics ripe for discussion may involve agricultural and seasonal labor, including increasing temporary agricultural workers and H-2B visa allocations. Congress may also deliberate on reauthorizing the electronic employment verification system (E-Verify) while expanding legal immigration pathways in tandem with enhancing border security.
The Democratic Party may also aim to prevent some restrictive administrative measures from being codified into law, such as establishing a clear legal basis for increasing H-1B visa fees. However, this does not imply that existing administrative measures will be immediately annulled.
State governments may also play a crucial role in shaping immigration policy changes. Some Democratic-led states might restrict local enforcement agencies’ cooperation with ICE, potentially lessening participation in programs like 287(g). Others may follow California’s lead by requiring employers to notify employees within 72 hours of receiving an I-9 employment eligibility verification notice, while enhancing protections for employee privacy and against retaliation.
Conversely, certain Republican-led states may continue to strengthen collaboration with federal immigration enforcement agencies.
Regardless of the various state policies enacted, employers must continue to fully comply with the federal I-9 form, E-Verify system, and visa compliance obligations. Employers operating across state lines should be prepared to navigate increasingly divergent compliance requirements.
The change in Congress will not automatically alter submitted immigration applications, court litigation, or visa backlog. Visa announcement priority dates will not be reset, and consular reviews, background checks, and travel restrictions will not be automatically lifted pending the outcome of the election, unless the executive branch makes adjustments. Employers must continue to fulfill their responsibilities regarding the I-9, E-Verify, Labor Condition Applications (LCA), and related record-keeping duties.
Consequently, businesses should not delay visa applications due to the election results, and they should prepare for timely visa renewals, utilizing expedited processing services when necessary. They must also ensure compliance with I-9, H-1B wage standards, and related documents, while establishing procedures to manage workplace immigration inspections.
Employers are advised to stay informed about new notifications and employee protection requirements in their respective states, collaborating with labor attorneys, while facilitating open communication with employees to alleviate anxiety and reduce turnover.
Key future events to watch for include the inauguration of the new Congress in January 2027, the fiscal year 2027 budget negotiations for the Department of Homeland Security, and the H-1B visa application season in March 2027. Additionally, lawsuits regarding H-1B fees and other administrative matters may impact policy directions.
Overall, with the Democratic Party regaining control of Congress, there will be increased oversight of immigration enforcement agencies, along with limited bipartisan legislative initiatives; however, fundamental changes to U.S. immigration policy are not anticipated in the short term. Over the next two years, the executive branch is expected to remain the primary driver of policy execution, with businesses and foreign workers continuing to navigate current regulations.