State Immigration Laws in 2026: A Look at Enforcement and Protections

In 2026, state legislatures across the United States addressed immigration through a variety of laws, creating a complex landscape of both enforcement measures and protections for immigrant communities. An analysis by the American Immigration Council revealed that while some states moved to increase cooperation with federal immigration authorities, others enacted policies designed to support immigrant residents and limit government involvement in federal enforcement actions. This dual approach means there is no single, uniform state strategy regarding immigration.

The enacted laws touch upon various aspects of immigrant life, including interactions with public agencies, law enforcement, and schools. Some states passed measures that restrict how local governments can work with federal immigration officials, while others mandate or encourage such cooperation. Additionally, new laws addressed issues like data privacy and the need for language access in government services.

Policies Strengthening Immigration Enforcement

Several states passed laws that either require or allow for greater coordination between state and local law enforcement and federal immigration agencies. These measures often focus on cooperation with federal programs like 287(g), which allows state and local law enforcement to perform functions of immigration officers.

Tennessee, for example, enacted three laws that mandate sheriff’s departments to enter into 287(g) agreements and to honor immigration detainers. State courts in Tennessee are also required to cooperate with federal immigration authorities, with judges facing potential removal if they obstruct Department of Homeland Security operations. Mississippi also passed measures requiring covered agencies, such as the state Department of Public Safety and county law enforcement, to make reasonable attempts to enter 287(g) agreements. These laws also prevent state and local entities from adopting policies that would limit federal immigration enforcement.

Georgia’s HB 1105, signed into law in May 2024, shifted jail procedures from officer discretion to a required immigration check during booking. Following its implementation, the state saw an increase in detainer requests, particularly for residents from Latin America and Africa. It is important to note that detainer requests are distinct from actual ICE arrests.

Laws Offering Immigrant Protections and Limiting Cooperation

In contrast to enforcement-focused laws, other states enacted legislation aimed at protecting immigrant communities and limiting entanglement with federal immigration enforcement. These laws often focus on sensitive locations and the rights of noncitizens.

Delaware’s House Substitute 2 for House Bill 94 places restrictions on local cooperation with civil immigration enforcement at places like child-serving organizations, colleges, and health facilities. While an exception exists for exigent circumstances, the law generally limits federal access to these sensitive areas. California also passed a law, SB 1099, which allows local jurisdictions the choice to provide state or local benefits to residents regardless of their immigration status. This law preserves a local option rather than mandating benefits for all.

Furthermore, the American Immigration Council identified state policies that protect immigrant data, expand language access services, and help foreign-trained workers integrate into the workforce. These measures aim to create a more supportive environment for immigrants within the state.

School Policies and Immigration Enforcement

In 2026, at least 23 states considered proposals related to federal immigration officers and K-12 schools. Out of 40 proposals reviewed, 12 became laws, with 35 of them aiming to limit officers’ access to school campuses or students. Mississippi’s cooperation law, for instance, includes government entities like school districts. However, a proposal in Kansas to designate school campuses as sensitive locations did not pass. This comes after the federal administration rescinded a policy that had protected schools and other sensitive places from immigration enforcement during the second Trump term.

Workforce Development for Foreign-Trained Professionals

On a separate track, workforce policy saw significant movement. Twelve states passed 13 policies designed to help foreign-trained individuals enter the U.S. workforce. These measures were evenly split between states with Republican and Democratic governors. A common theme among these policies is the creation of more pathways for foreign-trained physicians to demonstrate that their skills meet U.S. requirements, addressing potential shortages in the healthcare sector.

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