Impact of U.S. Mid-Term Election Results for Immigration

On Tuesday, November 3, 2026, the people of the United States emphatically declared their displeasure with the Republican Party and its leader, by electing Democrats and removing Republicans from 30 U.S. Representatives seat and 6 U.S. Senate seats. While there are still results in several races that do not have a final calculation, it appears that the Democrats will hold a 54 to 46 majority in the Senate and a majority in the House of Representative that may be as high as 261 to 174.

This change in power will have a profound effect on how the current administration will be able to carry out its objectives against immigrants, despite the authority which the President will have to veto laws proposed by Congress.

Regulations

The U.S. Senate, now firmly controlled by Democrats, will have the authority to deny the appointment of members of the Cabinet, which include all of the Secretaries that control government agencies like the Department of Homeland Security, Department of Justice, Department of State and the Department of Labor, the 4 agencies with the most direct control over immigration in the U.S. For background, see how U.S. immigration laws are administered and enforced.

If any of those Secretaries were to leave their post, then their replacement could be blocked by the Senate.  The administration would only be able to appoint an “interim” or temporary Secretary, and that would prevent the agency from implementing any additional draconian regulations, which have the force and effect of law, as Courts have ruled that only agencies with a leader approved by the Senate, have the authority over the creation of new regulations.

Investigations

The U.S. Congress has the authority to investigate the Executive branch of government, and this can be used to restrain the current administrations use of unlawful and improper enforcement tactics.

Members of Congress will be able to exercise greater oversight of agencies, like ICE and USCIS, and should be able to gain access to immigration detention centers, which they have been denied access to in the past. For practical guidance, see what to do if an ICE officer stops you.

This should restrain any individuals within those agencies who are not working within the bounds of our laws.

Funding and Budget Laws

The U.S. Congress controls the funding of the federal government, and approximately 1/3 of the federal budget, including some of the funding of federal agencies and the departments with control of immigration. They will be able to eliminate, reduce or delay funding in order to exercise greater control over the government and its policies.

In addition, most budget bills do not require large majorities to be passed, as they are not subject to a filibuster, the mechanism that the minority party in the U.S. Congress uses to prevent a proposed bill from passing.

One example is the USCIS filing fee changes under the 2025 reconciliation law.

Veto Power and Major Reform

Despite having significant majorities in both houses of the U.S. Congress, Democrats with their Independent Party partners, will not likely be able to pass any significant immigration reform, as different from Budget Bills, regular laws generally require a super-majority in order to pass through all of the legislative obstacles, such as Committee Hearings, and the Democrats do not have majorities sufficient to pass a major law, including immigration reform.

In addition, the President has the authority to veto or cancel any bill or proposed law, passed by the U.S. Congress. While this is not an absolute power, because Congress can over-ride a veto, it can only do so with agreement of a 2/3 majority, specifically 290 Representative and 67 Senators, and that does not appear achievable.

Nevertheless, on Tuesday Americans took an important step towards the re-establishment of the rule of law, and that should give us all hope.