The 2026 immigration regulations have undergone significant updates, which may impact various categories of applicants. With Donald Trump serving as the 47th president as of January 20, 2025, federal immigration policy has moved toward more stringent requirements and expanded enforcement measures.
Several new executive directives and agency rules have been released, and some portions are currently being evaluated by the courts.
This post highlights major 2026 changes, organized by topic, and explains what they may mean for you or your family. It is general information, not legal advice. Because things are moving unusually fast, it’s essential to get individualized legal guidance before you travel, apply for a benefit, or speak to immigration officials.
1. Enforcement and Detention: EO 14159 and the Laken Riley Act
On day one, President Trump signed Executive Order 14159, “Protecting the American People Against Invasion.” The order revokes multiple Biden‑era immigration orders and directs agencies to “faithfully execute” immigration laws against all inadmissible and removable noncitizens, with an emphasis on:
- Maximizing expedited removal,
- Expanding detention capacity, and
- Sanctioning “sanctuary” jurisdictions and NGOs that serve undocumented immigrants.
The DHS has responded with new guidance on alien registration under INA § 262 (8 U.S.C. § 1302), reminding many non-citizens of their legal duty to register and warning that failure can now trigger enforcement action.
Congress also passed the Laken Riley Act, Trump’s first major immigration statute in this term—the law, now Pub. L. 119‑1, amends INA § 236(c), 8 U.S.C. § 1226(c) to add a new category of people subject to mandatory no‑bond detention if they are unlawfully present and arrested, charged, or admit to conduct involving theft, burglary, shoplifting, assault on a law‑enforcement officer, or any crime causing serious bodily injury or death.
It also requires DHS to issue detainers and quickly take custody, and it gives states new power to sue the federal government if they believe these detention mandates are not being enforced.
For non‑citizens, that means any arrest—even without a conviction—can now trigger mandatory ICE detention and fast‑tracked removal proceedings. A low‑level shoplifting charge that might once have ended in a small fine can now become an immigration emergency.
2. Asylum, Refugees, and Humanitarian Protection Under Pressure
The huge 2025 budget reconciliation package, H.R. 1, the “One Big Beautiful Bill Act” (OBBBA), became Pub. L. 119‑21 on July 4, 2025. It injects roughly $170 billion into immigration and border enforcement, including additional detention beds, wall funding, and more money for ICE and CBP.
For asylum seekers, the law is especially harsh. Among many changes, it:
- Creates a statutory filing fee for asylum applications under INA § 208 (8 U.S.C. § 1158).
- Imposes an “Annual Asylum Fee” on certain employers that use H‑1B and similar visas, designed to fund enforcement, not legal services.
Because these fees are written directly into the statute rather than just being regulatory, USCIS has little or no authority to waive them in most situations. Advocacy groups report that parts of the fee scheme, especially the Annual Asylum Fee, are already being challenged in federal court, and some collection efforts have been paused pending litigation.
On the humanitarian side, the administration has moved to end or narrow many parole and protection programs. DHS terminated the CHNV parole programs for nationals of Cuba, Haiti, Nicaragua, and Venezuela under INA § 212(d)(5), and the Supreme Court allowed that termination to proceed, affecting more than 530,000 people who entered legally under Biden‑era rules.
Temporary Protected Status (TPS) has also been rolled back. DHS announced terminations for Haiti, Honduras, and Nicaragua, only to have courts partially delay those end dates, including a ruling that Haiti’s TPS cannot end before February 3, 2026.
For anyone relying on asylum, parole, or TPS, the key takeaway is simple: your status may be more fragile than you think, and deadlines and court orders now matter more than ever.
3. Work Visas and the $100,000 H‑1B Fee (Plus the “Gold Card”)
Perhaps the most dramatic 2025 change for high‑skilled workers is Proclamation 10973, “Restriction on Entry of Certain Nonimmigrant Workers.” Using INA § 212(f) and § 215(a), the proclamation bars the entry of many new H‑1B workers unless their petition is accompanied by an additional $100,000 payment, on top of existing filing fees, for petitions filed on or after September 21, 2025.
USCIS guidance confirms that the payment generally applies to new H‑1B petitions for workers outside the United States or seeking consular processing, while most in‑country extensions and changes of status are exempt. Limited exceptions can be granted only if the Secretary of Homeland Security finds the worker or industry is in the national interest.
So, to answer the question many employers and workers are asking:
- Is the $100,000 H‑1B requirement an actual “law”?
- It is binding executive policy, not a statute. It comes from a presidential proclamation, not from Congress. That means a future administration could rescind it without new legislation—but for now, USCIS and consulates are enforcing it, and multiple lawsuits are pending.
At the same time, Trump has launched a “Gold Card” investor visa through a separate executive order. Under that program, immigrants who make a $1 million “gift” to the U.S. Treasury (or $2 million via a corporate sponsor) can qualify for expedited immigrant visas under existing EB‑1/EB‑2 categories, with the payment treated as evidence of “exceptional business ability” and “national benefit.” Rules are still being built out, and some related “Platinum Card” ideas would require additional congressional action.
In short, the administration is raising costs and tightening access for most workers, while opening a fast track for a narrow group of ultra‑wealthy investors.
4. DACA, TPS, and Access to Public Benefits
For DACA recipients, litigation in Texas v. United States continues. The Fifth Circuit has again held that DHS exceeded its authority in creating DACA by regulation, and the case is back in the district court. As of late 2025, USCIS is only accepting DACA renewals, not new applications, and a separate Trump‑era rule has rolled back prior efforts to treat DACA recipients as “lawfully present” for certain federal health programs.
The crackdown extends into housing and other benefits. In March 2025, HUD issued Mortgagee Letter 2025‑09, restricting FHA‑insured mortgages to U.S. citizens, lawful permanent residents, and certain COFA‑nationals, explicitly excluding most “non‑permanent residents”—including many H‑1B workers and DACA recipients. This reverses prior policy and makes it harder for many immigrants with work authorization to buy a home.
HHS has likewise moved to bar many undocumented families from enrolling their children in programs like Head Start, re‑classifying them as federal “public benefits” and tying eligibility more closely to immigration status.
Combined with the TPS and parole terminations described above, the practical message is tough: even long‑time residents with deep roots may find their status and basic economic security at risk, and relatively small changes—a criminal charge, a missed renewal, a move to a different job—can have outsized immigration consequences.
5. Birthright Citizenship: EO 14160 and the Courts
Another headline‑grabbing move is Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.” The order attempts to deny automatic U.S. citizenship at birth to children born in the United States whose mothers were either unlawfully present or in temporary status (such as a student or work visa) and whose fathers were neither U.S. citizens nor lawful permanent residents.
The order directly challenges long‑standing interpretations of the Fourteenth Amendment and its codification at 8 U.S.C. § 1401, as applied in United States v. Wong Kim Ark, 169 U.S. 649 (1898). Multiple federal courts have issued nationwide or near‑nationwide injunctions, and appellate courts have largely agreed that the order is likely unconstitutional.
As of today, birthright citizenship remains intact for nearly all children born on U.S. soil, but the legal battle is active at the Supreme Court. Anyone in a mixed‑status family with a 2025 or later U.S.‑born child should keep a close eye on this litigation and talk to counsel about documentation and evidence of citizenship.
6. Immigration Is Changing Faster Than Ever – Get Individual Advice
In a typical year, immigration law might see one or two big changes. In 2026 alone, we’ve already seen:
- Multiple sweeping executive orders (EO 14159, EO 14160, and others),
- At least two major federal statutes with immigration sections (the Laken Riley Act and One Big Beautiful Bill Act), and
- A surge of agency rules and memos on everything from asylum fees to FHA loans and work visas—many of them immediately challenged and partially blocked in the courts.
This means that what was true six months ago may not be true today. Small facts—your last entry date, how you were inspected, whether you were ever arrested, how your employer files a petition—can now dramatically alter your options.
If you or a loved one is:
- In removal proceedings or detained under the Laken Riley Act,
- Considering applying for asylum, TPS, or parole,
- On a work visa, such as H-1B B and worried about the new $100,000 fee, or
- A long‑term resident (with or without status) concerned about benefits, travel, or criminal charges
You should speak with one of our experienced immigration attorneys as soon as possible. A careful review of your history, current status, and timelines can help identify strategies—and, just as importantly, help you avoid new risks created by the rapidly evolving legal landscape.
The Law Office of Matthew W. Peterson monitors these changes daily and can help you understand how they apply to your specific situation. If you have questions about how any of the 2026 developments might affect you, contact us to schedule a consultation.
