Immigration

ICE detention, deportation cases, asylum at the border, 287(g) agreements with local police, children affected by parental detention, and ICE funding.

Updated October 3, 2026. Every figure is sourced and dated.

21
guides on Immigration
19
fights still moving
1
50-state rules tracked
6.5K
searches a month for the top question

Who can stay, who can work and where ICE can make arrests are set mostly by federal policy, and much of it is in court. The Justice Department's sanctuary list names 11 states, and only a city or county in 6 more. Temporary Protected Status has been ended for 14 countries' holders, and 3 countries keep an active designation. This page gathers every explainer we have on immigration, the immigration fights still moving and the questions people ask most.

Sources: U.S. Department of Justice, Sanctuary Jurisdiction List (October 31, 2025); USCIS, Temporary Protected Status.

The Answers People Look Up First

Chosen by search demand from our question records and 50-state datasets. Each tile links to the sourced answer.

  • Are ICE agents law enforcement? Yes. ICE says its officers are federal law enforcement officers, and federal law gives them the power to question, arrest and detain people.

Start Here

21 guides on Immigration, each sourced and dated.

Where Your State Stands

1 state-by-state rules from our 50-state datasets. Each card shows when it was last verified and links to every state's answer.

Is the state on the Justice Department’s sanctuary list?

  • The state itself is listed (11)
  • Only a city or county is listed (6)
  • Removed after an agreement (2)
  • Nothing in the state is listed (31)
Is the state on the Justice Department’s sanctuary list? Hover, focus, or tap a state for details.

Sources: U.S. Department of Justice, Sanctuary Jurisdiction List (October 31, 2025); Fox5 Vegas, DOJ removes Nevada from list (September 26, 2025); U.S. Department of Justice, Baltimore County removed from list. Verified September 28, 2026.

Is the state on the Justice Department’s sanctuary list?
State Status
Alabama Nothing in the state is listed
Alaska Nothing in the state is listed
Arizona Nothing in the state is listed
Arkansas Nothing in the state is listed
California The state itself is listed
Colorado The state itself is listed
Connecticut The state itself is listed
Delaware The state itself is listed
Florida Nothing in the state is listed
Georgia Nothing in the state is listed
Hawaii Nothing in the state is listed
Idaho Nothing in the state is listed
Illinois The state itself is listed
Indiana Nothing in the state is listed
Iowa Nothing in the state is listed
Kansas Nothing in the state is listed
Kentucky Nothing in the state is listed
Louisiana Only a city or county is listed
Maine Nothing in the state is listed
Maryland Removed after an agreement
Massachusetts Only a city or county is listed
Michigan Only a city or county is listed
Minnesota The state itself is listed
Mississippi Nothing in the state is listed
Missouri Nothing in the state is listed
Montana Nothing in the state is listed
Nebraska Nothing in the state is listed
Nevada Removed after an agreement
New Hampshire Nothing in the state is listed
New Jersey Only a city or county is listed
New Mexico Only a city or county is listed
New York The state itself is listed
North Carolina Nothing in the state is listed
North Dakota Nothing in the state is listed
Ohio Nothing in the state is listed
Oklahoma Nothing in the state is listed
Oregon The state itself is listed
Pennsylvania Only a city or county is listed
Rhode Island The state itself is listed
South Carolina Nothing in the state is listed
South Dakota Nothing in the state is listed
Tennessee Nothing in the state is listed
Texas Nothing in the state is listed
Utah Nothing in the state is listed
Vermont The state itself is listed
Virginia Nothing in the state is listed
Washington The state itself is listed
West Virginia Nothing in the state is listed
Wisconsin Nothing in the state is listed
Wyoming Nothing in the state is listed

What Is Moving Now

Fights still in court, at an agency, or proposed, newest first. Settled laws stay on each topic page.

  • ICE Arrest Powers

    California ID requirement for federal agents (SB 805)

    The district court declined to block it in February 2026. The Ninth Circuit blocked it pending appeal on April 22, 2026, finding it "attempts to directly regulate the United States in its performance of governmental functions," and on October 14 ordered the district court to enter a preliminary injunction. (source)

    Blocked by a court
  • H-1B Visas

    $103,265 fee on every H-1B cap petition (proposed rule)

    DHS proposed it on August 25, 2026. Public comments closed September 24. (source)

    Proposal
  • Green Card

    Public charge rule

    DHS rescinded the 2022 rule. The new rule applies to adjustment applications filed on or after September 18, 2026, and gives officers broader discretion. (source)

    Agency action
  • TPS

    TPS for El Salvador

    The designation ran through September 9, 2026. USCIS said September 3 that holders keep protection until an announcement. (source)

    Paused
  • 10th Amendment

    Cutting grants to sanctuary cities and counties

    Judge William Orrick blocked the cuts on April 24, 2025 and extended it to 34 more cities and counties on August 22, 2025. The government's Ninth Circuit appeal had not been decided as of April 2026. (source)

    Blocked by a court
All 19 fights
  • ICE Arrest Powers

    California ban on masked officers (SB 627)

    A federal judge put the mask ban on hold for federal agents on February 9, 2026, finding it discriminated against the federal government, and no party appealed. SB 1004, which adds state officers to meet that ruling, was signed September 29, 2026. (source)

    Blocked by a court
  • H-1B Visas

    Extension of the payment to September 2027 (Proclamation 11069)

    Signed September 18, 2026. It extends the restriction for 12 more months, while the court order against the implementing guidance stands. (source)

    Agency action
  • Green Card

    Holds on cases from high-risk countries (PM-602-0192 and PM-602-0194)

    A Rhode Island federal court vacated both memos on June 5, 2026. A California federal court enjoined them on August 24, 2026 and certified a class. USCIS says it strongly disagrees but will follow the orders pending possible further review. (source)

    Blocked by a court
  • Green Card

    Mandatory electronic filing

    An interim rule effective August 11, 2026 lets USCIS require online filing for some forms, with a waiver process. (source)

    Agency action
  • H-1B Visas

    $100,000 payment (Proclamation 10973)

    A federal court in Massachusetts vacated the policy that carries out the payment on June 8, 2026, and the First Circuit refused to pause that order on July 24. USCIS says DHS is complying while it considers next steps and still plans to collect the payment if the order is lifted. (source)

    Blocked by a court
  • ICE Arrest Powers

    Arrests at and near immigration courts

    On March 25, 2026, the Justice Department told the federal court in New York that ICE’s May 2025 courthouse memo never applied to immigration courts, after the judge had relied on it in refusing to block the arrests. (source)

    In litigation
  • H-1B Visas

    Chamber of Commerce v. DHS

    A federal judge in Washington upheld the proclamation on December 23, 2025. The D.C. Circuit heard the appeal on March 9, 2026, and had not ruled as of October 6. (source)

    In litigation
  • TPS

    TPS for Honduras, Nicaragua, and Nepal

    A district court vacated the terminations December 31, 2025. The Ninth Circuit stayed that order February 9, 2026, and the appeal is pending. (source)

    In litigation
  • ICE Arrest Powers

    Forced home entry with an I-205 (May 2025 memo)

    Two Massachusetts groups sued January 30, 2026. No ruling as of September 2026. (source)

    In litigation
  • ICE Arrest Powers

    Stops based on race, language, job, or location (Los Angeles)

    The Supreme Court stayed the district court’s limits on September 8, 2025, while the appeal continues. (source)

    In litigation
  • ICE Arrest Powers

    VISIBLE Act (S. 2212, H.R. 4667)

    Would require immigration officers to show their agency and a name or badge number and would bar most masks. Introduced in the Senate July 8, 2025. (source)

    Proposal
  • TPS

    SECURE Act (S. 2106)

    Introduced June 18, 2025 by Sen. Chris Van Hollen, with 35 cosponsors, in the Judiciary Committee. (source)

    Proposal
  • TPS

    American Dream and Promise Act (H.R. 1589)

    Introduced February 26, 2025, with 220 cosponsors and no committee action. (source)

    Proposal
  • ICE Arrest Powers

    Enforcement at schools, hospitals, and places of worship

    DHS rescinded its protected-areas limits in a memo issued January 20, 2025. Under a court order since March 2025, ICE must keep the old limits at about 1,400 places of worship in 36 states. (source)

    Agency action

The Full Picture

If you or someone you know is facing immigration enforcement, you do not have to handle it alone. Call United We Dream’s MigraWatch hotline at 1-844-363-1423 to report ICE or CBP activity and get connected to help. For free or low-cost legal help near you, search the National Immigration Legal Services Directory.

Detention

ICE Detention Growth and Conditions

When Trump returned to the White House in January 2025, there were 39,000 people in ICE detention. By late August, that number reached a record 61,000. The administration conscripted local jails, federal prisons, and private companies to hold the overflow. It opened Camp East Montana on the grounds of Fort Bliss in Texas, which became the largest immigration detention center in the country.

Within its first 50 days, ICE’s own detention-oversight unit found that Camp East Montana violated at least 60 federal detention standards. Inspectors documented failures to screen for mental health risks and staff who did not perform required safety checks. Emergency 911 calls from the facility revealed at least six suicide attempts and at least 20 seizures.

Former detainees reported physical and sexual abuse, medical neglect, and intimidation to pressure them into signing self-deportation orders.

Three of the 25 people who died in ICE detention since October 2025 were held at Camp East Montana alone.

Deaths in ICE Custody, 2024 to 2026

YearDeaths in ICE custody
202411
2025At least 32
FY2026 (through March)On pace to exceed 2025

At least 32 people died in ICE custody in 2025. That is triple the previous year and more deaths than occurred during the entire Biden administration. It is the highest annual total since 2004.

NPR reported on several of the deaths. Brayan Rayo-Garzon, 27, was found unresponsive in his cell with a blanket around his neck. During his two weeks in detention, his mental health appointment was rescheduled twice. Jesus Molina-Veya was discovered with a cloth ligature tied to the bottom rail of a top bunk. Chaofeng Ge was found in a shower stall four days after his intake assessment. Victor Manuel Diaz, a Nicaraguan man, died at Camp East Montana under circumstances that remain disputed.

The office supposed to investigate these deaths (the DHS Civil Rights and Civil Liberties office) has had hundreds of staff cut. ICE inspections of its own facilities fell even as detentions rose, the Project On Government Oversight found. Tell Congress to restore independent detention oversight.


Deportation

Deportation Cases in the Courts

The case of Kilmar Abrego Garcia shows how a removal error moved through the courts.

  1. March 15, 2025: Abrego Garcia, a Salvadoran man living in Maryland with a 2019 immigration-court order, called withholding of removal, that barred his deportation to El Salvador, was deported and sent to CECOT, El Salvador’s Center for Terrorism Confinement. The government later called it “an administrative error.” At the time, he had not been charged with a crime.
  2. April 10, 2025: The Supreme Court ruled unanimously that the government must “facilitate” his return.
  3. June 6, 2025: The government returned Abrego Garcia to the United States and arrested him on a federal indictment for “unlawful transportation of illegal aliens for financial gain.”
  4. May 2026: A federal judge dismissed those charges as a vindictive prosecution, and the government is appealing. In August 2026 the Fourth Circuit refused to lift an order blocking his deportation to Liberia.

”They didn’t try any legal channels where he could defend himself. They just put him on an airplane.”

Simon Sandoval-Moshenberg, attorney for Kilmar Abrego Garcia, PBS NewsHour

The Alien Enemies Act and Flights to CECOT

In March 2025, the administration invoked the Alien Enemies Act of 1798, a wartime law last used during World War II, to deport 238 Venezuelan men to El Salvador. They were sent to CECOT, a facility that holds prisoners in 24-hour lockdown with no access to lawyers. The United States paid El Salvador to take them.

A federal judge later ruled the deportations violated due process. The men were given no meaningful chance to contest their removal. A federal appeals court ruled the administration had illegally invoked the wartime law.

The diplomatic disputes spread beyond El Salvador. In January 2025, Colombia refused to accept two U.S. military planes carrying deportees. President Petro demanded they be “treated with decency.” Trump responded with tariff threats and visa sanctions. Colombia backed down within hours. Brazil accepted a deportation flight but filed a diplomatic complaint after deportees were reportedly handcuffed in degrading conditions during the flight, in violation of a bilateral agreement.


Asylum

Asylum Access at the Southern Border

On his first day back in office, the president declared a national emergency at the southern border and suspended access to asylum. Courts have since ruled that suspension unlawful: a federal judge in July 2025, and the D.C. Circuit 2-1 in April 2026. The administration cancelled approximately 30,000 scheduled CBP One appointments and closed the pathway for an estimated 200,000 to 270,000 asylum seekers in Mexico who were actively using the system.

The Migrant Protection Protocols (known as Remain in Mexico) were reinstated for a third time. This forces people who apply for asylum at the border to wait in Mexican border cities while their cases are processed. During the program’s first run, asylum seekers were exposed to kidnapping and extortion by criminal groups in northern Mexico.

The administration has also signed “safe third country” agreements with at least 10 nations, including Paraguay, Rwanda, Uganda, and Belize. These agreements allow the United States to send asylum seekers to countries they never passed through. A federal judge in Boston ruled in February 2026 that immigrants must be given meaningful notice and time to raise country-specific objections, but the agreements remain in effect while appeals continue.

The immigration court backlog has reached more than 2 million cases, and the average asylum case now takes about four years to decide. People required to wait in Mexico may wait years before a judge hears their case.


Local Enforcement

287(g) Agreements and Local Police

On his first day in office, President Trump signed an executive order directing ICE to expand 287(g) agreements, the program that deputizes local police to enforce federal immigration law, “to the maximum extent permitted by law.”

The number of 287(g) agreements has grown from 135 to more than 1,864 across 39 states, more than thirteen times as many in less than 18 months.

In September 2025, ICE announced it would pay the full salary and benefits of any trained 287(g) officer, plus startup costs and bonuses based on how many immigration arrests officers make.

The administration also rescinded the sensitive-locations policy that had protected schools, churches, and hospitals from immigration enforcement since 2011. ICE agents now operate in and around all of these locations at their discretion. There have been widely reported arrests near schools in Denver and outside churches in Washington, D.C.

Nine states have now banned 287(g) agreements, with New Mexico, Maine, and Maryland enacting bans in 2025 and 2026. But in states that participate, a traffic stop can become a deportation proceeding.

January 2025May 2026
Active agreements1351,864+
States participating2139
Federal payment per officerPartial reimbursementFull salary, benefits, overtime, plus arrest bonuses
Sensitive locations policySchools, churches, hospitals protectedRescinded; enforcement at officer discretion

Family Separation

Children Affected by Parental Detention

Between January 2025 and April 2026, an estimated 400,000 people were detained through interior arrests. Immigration arrests more than quadrupled in 2025, reaching the highest rates of immigration detention in U.S. history.

Brookings researchers estimate that approximately 205,000 children have been affected by a parent’s detention. About 145,000 of them are U.S. citizens. More than 22,000 children experienced the detention of every parent they lived with.

Physicians for Human Rights found that most deported parents were never asked if they had children. Dozens were deported within four or five days of being detained. In April 2025 alone, more than 8,000 children aged 11 or younger received deportation orders.


ICE Funding

ICE Funding in the 2025 Budget Law

In July 2025, Congress passed the One Big Beautiful Bill Act and handed Immigration and Customs Enforcement the largest funding surge in the agency’s history. ICE’s base budget was already around $10 billion. The new law added $75 billion in supplemental funding that ICE can spend over four years. $45 billion goes to detention expansion and $30 billion to staffing and bonuses. At a steady pace, the agency will have nearly $29 billion on hand each year. That is more than the FBI’s entire budget.

By the end of 2025, ICE was 30% larger than it was in January. The law calls for a force of 30,000 within four years. The American Immigration Council reported that the Senate passed the package without the accountability measures some senators had proposed.


What You Can Do About Immigration Enforcement

  1. Know your rights and share them. If ICE comes to your door, you do not have to open it without a judicial warrant signed by a judge. You have the right to remain silent. The ACLU’s Know Your Rights resources apply to everyone regardless of immigration status.

  2. Support local resistance. If your city or state is considering a 287(g) agreement, show up to the public hearing. If your state has banned the program, thank the officials who voted for it. Local decisions determine whether your police department enforces federal immigration law.

  3. Help someone who is afraid. Drive a neighbor to a legal consultation. Help a family make a safety plan. Share information in your community about what to do if a family member is detained. The most effective thing you can do is make sure one more person knows their rights.

Last updated October 3, 2026

Reporting

Latest Briefs on Immigration

Our reporting on this issue, newest first. Briefs carry the story; the guides above carry the rules.