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- Immigration and Nationality Act: the foundation of the entire immigration system
- The regulation that tightened mandatory detention of migrants
- Mandatory registration of foreigners
- Green Card: changes in the policy for applying for Permanent Residency
- Tightening of USCIS administrative processes
- Agencies that must comply with immigration laws
- The budget for ICE and border forces
- The immigration protections that remained in force in 2026
The United States immigration policy went through one of the most active legislative and administrative periods of recent years in 2026.
Although the Immigration and Nationality Act (INA) remains the basis of the United States immigration system, other measures gained prominence during 2026.
Immigration and Nationality Act: the foundation of the entire immigration system
The Immigration and Nationality Act (INA) remains the main federal law that regulates practically all aspects of immigration in the United States.
This legislation establishes, among other things:
- Who can enter the country.
- The different types of visas.
- The requirements for obtaining permanent residency.
- Deportation procedures.
- The conditions for applying for United States citizenship.
- The powers of agencies such as USCIS, ICE, and CBP.
Most of the reforms implemented during 2026 did not replace the Immigration and Nationality Act, but rather modified its application through new laws, regulations, or administrative changes.
The regulation that tightened mandatory detention of migrants
One of the legislative changes with the greatest impact was the entry into force of the Laken Riley Act, enacted in early 2025 and applied intensively during 2026.
The law amended the Immigration and Nationality Act to expand the cases in which ICE must mandatorily detain certain foreigners who are in an irregular immigration situation.
The offenses included are:
- Theft.
- Larceny.
- Shoplifting.
- Trespassing.
- Assaults against police officers.
- Crimes that cause death or serious bodily injury.
The legislation also strengthened the ability of states to initiate legal action against the federal government when they consider that immigration authorities are not complying with the detention or removal obligations outlined in the law.
Mandatory registration of foreigners
Another of the most relevant measures was the implementation of the Mandatory Registration of Foreigners, a requirement that certain foreigners present in the United States register with the federal government when the law so provides.
USCIS reactivated the system and indicated that people subject to registration must provide biographical information and, where applicable, submit to fingerprinting. It also reminded that minors must re-register when they turn 14 if they were already registered previously.
Failure to comply with this obligation can lead to immigration consequences and even sanctions provided for by federal legislation.
Green Card: changes in the policy for applying for Permanent Residency
In May 2026, USCIS announced a policy change regarding adjustment of status.
The agency stated that, as a general rule, foreigners who are temporarily in the United States and wish to obtain a Green Card will have to return to their country to complete the process through consular processing, unless there are extraordinary circumstances that justify an exception.
According to the Department of Homeland Security, the measure seeks to ensure that the system operates according to the design provided for in immigration law and reduce the use of administrative exceptions. Various immigrant advocacy organizations criticized the decision, considering that it could affect vulnerable people, including trafficking victims and minors.
Tightening of USCIS administrative processes
During 2026, changes also took place through USCIS memorandums and internal policies.
Among them, the following stand out:
- Changes in certain processes to obtain permanent residency.
- Review of criteria for granting humanitarian exceptions.
- New guidelines for immigration officers.
- Updated administrative procedures related to applications for immigration benefits.
These modifications do not necessarily imply changes in the law, but they do alter the way the agency processes numerous cases.
Agencies that must comply with immigration laws
The United States immigration system is divided among several federal agencies with different functions.
USCIS
- Processes immigration benefits, citizenship, and residency.
ICE
- Carries out detentions, investigations, and deportations.
CBP
- Controls entry into the country at airports, ports and land borders.
Department of State
- Issues visas through United States embassies and consulates.
Each one applies different parts of the immigration law and acts at different stages of the process.
The budget for ICE and border forces
Another of the measures that shaped the immigration landscape was the increase in federal funding allocated to immigration enforcement and border security.
The One Big Beautiful Bill Act allocated around 170 billion dollars for border infrastructure, hiring new agents, expanding detention centers, and strengthening ICE and CBP.
The planned allocations include:
- Construction of new sections of the border wall
- Expansion of immigration detention capacity
- Hiring of thousands of new agents
- More resources for deportation operations
- Financial support to states and local authorities for border control tasks
The immigration protections that remained in force in 2026
Birthright citizenship
One of the most important rulings of the year was issued by the United States Supreme Court on June 30, 2026.
The court rejected the government’s attempt to limit automatic citizenship for children born in United States territory to parents who are not citizens or permanent residents. In a 6-3 decision, the Court concluded that the executive order was incompatible with the Fourteenth Amendment of the Constitution and reaffirmed the precedent established in United States v. Wong Kim Ark (1898).
As a result, the principle remains in force that, with very limited exceptions, people born on United States soil automatically acquire citizenship.
Temporary Protected Status (TPS)
The Temporary Protected Status (TPS) remains one of the main humanitarian protection mechanisms in the United States immigration system.
This program allows citizens of certain countries affected by wars, natural disasters or other extraordinary situations to remain temporarily in the United States without being deported and to obtain work authorization.
However, during 2026 the Supreme Court allowed the government to move forward with ending some TPS designations for certain groups of foreigners, which opened the door to new deportation proceedings for thousands of beneficiaries. That decision generated strong criticism from human rights and immigrant organizations.
Asylum and humanitarian protection
The right to seek asylum remains in force in the United States for people who demonstrate persecution or a well-founded fear of persecution on grounds of race, religion, nationality, political opinion, or membership in a particular social group.
However, during 2026 more restrictive policies continued to be applied regarding access to the asylum process at the border, and the Supreme Court backed some measures promoted by the government related to the processing of certain applicants.
In addition to asylum, the immigration system maintains other protection mechanisms, such as humanitarian parole, which allows the temporary admission or stay of a person for urgent humanitarian reasons or for a significant public benefit, although its scope and application were also subject to administrative changes during the year.