US midterms 2026: Democrats win Congress, but can they change Trump's immigration policies?

The 2026 US midterm election results have changed the political equation for President Donald Trump, particularly on one of his administration's most contentious issues: immigration. With Democrats winning control of both the House of Representatives and the Senate, the administration will face a Congress more willing to challenge its approach to deportations, detention and border enforcement.

For undocumented immigrants, asylum seekers, Dreamers (people brought to the US as children without lawful status) and families facing separation, the change raises questions about whether stronger legal protections could follow. Democrats have campaigned against the administration's immigration crackdown, promising greater accountability for enforcement agencies and a more humane approach to migration.

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However, controlling Congress does not mean the Democratic Party can immediately reverse Trump's immigration policies. The coming political battle will largely centre on how much oversight Democrats can exercise over federal immigration agencies and whether they can translate their promises into legislation.

Will Democrats challenge Trump's mass deportation policy?

Mass deportations have been a central part of Trump's immigration agenda. Democrats have opposed the administration's enforcement-first approach, raising concerns about detention conditions, the treatment of immigrants and alleged civil rights violations involving federal immigration officers.

Democratic leaders have called for specific curbs on immigration enforcement. In February 2026, Senate Democratic Leader Chuck Schumer called for restrictions on immigration enforcement operations, including an end to roving patrols, judicial warrant requirements and greater accountability. Speaking at a Senate Judiciary Committee meeting, Schumer said, “Masks need to come off, cameras need to stay on, and officers need visible identification.”

Democratic Senator Dick Durbin also argued that indiscriminate arrests of American citizens, legal residents and people without criminal records threatened civil liberties and the rule of law.

With control of congressional committees, Democrats can investigate ICE and CBP operations, summon officials, demand documents and examine government spending on enforcement. However, investigations cannot independently suspend deportation operations or overturn presidential directives.

Among the Democrats elected to the House in the recent US midterm elections, Indian-American Congressman Suhas Subramanyam has been a vocal critic of Immigration and Customs Enforcement’s (ICE) enforcement practices. In an official statement on October 16, 2026, he said: “I am appalled by the recent ICE targeting of a U.S. citizen and Marine veteran here in Loudoun County.” Subramanyam demanded a full investigation and said he had introduced legislation requiring ICE to report its enforcement actions, including the number of people detained who have criminal convictions.

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Will Democrats push to abolish ICE?

Democrats, however, remain divided over ICE's future. Some Democrats have advocated abolishing the agency, arguing that its enforcement structure requires fundamental change. Other lawmakers favour retaining it albeit with stronger accountability measures, including body cameras, identification requirements and judicial warrants.

The divide was evident at the Democratic National Committee's August 2026 summer meeting, where members approved competing resolutions calling for ICE reforms and the agency’s abolition. These votes were non-binding and did not establish an official party platform.

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According to an AP report, Michele Johnson, a Democratic National Committee (DNC) member from Louisiana who proposed the abolition resolution, said Democrats needed to take a stand. She pointed to the dissolution of ICE's predecessor agency, the Immigration and Naturalisation Service, as a precedent.

The proposal faced opposition. Yvonne Reeves-Chong voted against the measure it, saying arguing it would only gain support from a part of the party's base, while drawing "fire" from another group of voters.

Democratic Congresswoman Ayanna Pressley has explicitly backed ICE-backed abolition. Recently re-elected from Massachusetts' 7th Congressional District, she called for closing the Dilley detention centre in Texas and releasing detained children and families after visiting the facility in July 2026. "Congress must close Dilley, end the practice of family detention, and abolish ICE now," Pressley said in an official statement.

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Senator Cory Booker, re-elected from New Jersey, has pursued a legislative approach to changing the agency's detention practices. In January 2026, he reintroduced the Dignity for Detained Immigrants Act, which proposes ending private, for-profit detention facilities, prohibiting family detention, repealing mandatory detention and increasing federal oversight and accountability.


A Democratic congressional majority could scrutinise ICE's funding, detention facilities and enforcement procedures. However, abolishing the agency would require legislative action and would face opposition from Trump.

What about undocumented immigrants and Dreamers?

Democrats have historically supported creating an earned pathway to citizenship for undocumented immigrants, particularly long-term residents who meet requirements such as background checks and tax compliance.

This position was also part of the former US President Joe Biden’s immigration agenda. The 2024 Democratic Party platform backed legislation offering pathways to citizenship for Dreamers, farmworkers, care workers and other long-term undocumented residents. In an official statement on DACA Day, Biden said, “My immigration bill, the U.S. Citizenship Act, creates a pathway to citizenship for undocumented individuals in our country, including ‘Dreamers’. I will continue to work towards passage of legislation protecting "Dreamers" and creating a path to citizenship for undocumented immigrants. These young people represent the best of America, and we can't let them down”.

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Biden had also proposed the US Citizenship Act of 2021, which sought to create a pathway to citizenship for eligible undocumented immigrants.

For Dreamers, Democrats have supported protecting and securing the future of the Deferred Action for Childhood Arrivals (DACA) programme.

Indian-American Congresswoman Delia Ramirez, re-elected from Illinois' 3rd Congressional District, joined Congresswoman Sylvia Garcia in July 2026 to push for a vote on the American Dream and Promise Act. The proposed legislation would provide eligible Dreamers with an earned pathway to citizenship and allow eligible recipients of Temporary Protected Status and Deferred Enforced Departure to obtain lawful permanent resident status. Ramirez said: "Dreamers are losing their jobs, being detained, and being deported right now."

Senator Jeff Merkley, re-elected from Oregon, has also called for the administration to resume processing DACA applications. In a June 2025 statement, he described non-citizens brought to the US as children as "American in every way but their immigration status".

The party's 2024 platform also supported keeping immigrant families together, expanding legal pathways for people fleeing persecution and reforming asylum processing. It called for more immigration judges and asylum officers to reduce delays and improve the handling of protection claims. It also advocated working with countries in the Americas to address poverty, violence and instability that contribute to migration. These are established party positions, rather than guarantees of new legislation following the 2026 elections.

How much power will Democrats actually have?

Democrats will take control of Congress in January 2027, but Trump will remain President and retain his executive powers over immigration enforcement.

The distinction is important because Congress cannot simply cancel presidential executive orders or independently reverse every immigration policy. Lawmakers can introduce legislation to restrict executive authority, change immigration laws or establish statutory protections for undocumented immigrants.

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The Democrats' new majority therefore gives them greater powers to investigate immigration enforcement, scrutinise ICE funding and challenge the administration's approach to deportations. For immigrants in the US, the midterm results mark a shift in congressional oversight. Whether that eventually translates into changes to deportation policies, stronger protections for Dreamers and undocumented families, or a different approach to border enforcement will depend on the legislative battles ahead.