Q#1: How can Democratic control of the House and Senate starting in January change immigration policy even while a Republican president remains in office and in charge of the Executive Branch of government?
A#1: Full Democratic control gives Congress greater ability to question individual immigration policies, investigate agency conduct, negotiate changes in federal spending, and potentially overhaul the existing immigration laws. The new congressional terms begin January 3, 2027. However, a change in congressional control does not automatically cancel executive orders, stop deportations, or give anyone lawful status. The president continues to direct immigration agencies within the authority provided by law, but with serious oversight focused on the Executive branch.
Q#2: Why does control of congressional committees matter?
A#2: The majority party controls committee leadership and these oversight committees determine what issues need to be discussed. Democratic chairs now have the ability to hold hearings and investigations into ICE enforcement tactics, USCIS processing delays, and detention facility conditions, as well as reviewing orders and policies that are not specifically enumerated in the immigration laws. Democrats can now also advance immigration proposals and new laws that previously received little attention and weren’t allowed to be voted on.
Q#3: Can Congress require current and former immigration officials to explain their policies and provide records?
A#3: Yes. Congressional committees can call any officials from the Department of Homeland Security, ICE, USCIS, the Department of State, and other agencies to testify and answer any questions and provide insider insight. Committees can also issue subpoenas seeking documents or testimony that can result in jail time if the person being subpoenaed does not respond. These investigations could uncover internal instructions behind illegal processing delays or heavy-handed enforcement practices. Public scrutiny of improper actions should encourage agencies to change their approach and correct these problems, though hearings and subpoenas do not by themselves overturn policies issued by the Executive branch.
Q#4: What does the “Power of the Purse” mean and how will we see its effects in immigration matters?
A#4: Congress decides how federal money is appropriated and can enact conditions on its use. Democrats now have the majority and ultimate say in any committees debating funding for various branches and departments. This will allow them to seek limits on funding for particular enforcement activities and propose additional support for processing applications and reducing case backlogs. Restrictions on where and how this money can be spent generally must be included in legislation that becomes law, however, the president can veto any spending bills he doesn’t agree with to try to prevent spending limits on his preferred policy areas, but with sufficient majorities in congress, these presidential vetoes can be overcome.
Q#5: Could Congress pass laws that improve immigration options for families and employers?
A#5: Yes. Democrats can and should advance proposals addressing work authorization, visa backlogs, and immigration pathways. These potential proposals would need to be debated and agreed upon by a majority of the congress before being signed by the president. Most contested legislation needs 60 Senate votes to end debate. If a bill is passed with a simple majority and the president vetoes that bill, overriding that veto requires a two-thirds vote of members voting in each chamber. This would be difficult, even with the majorities that Democrats currently have. But targeted measures with bipartisan support will likely have a good chance of becoming law, even though broad immigration reform is needed.
Q#6: What should immigrants do while waiting to see what changes?
A#6: Given the unpredictability of politics, the best approach is to avoid issues while preparing for a potential change in the law that could have a positive effect on your circumstances. Consulting with a competent immigration attorney specifically in regard to your particular circumstances is the best way to be prepared. Immigration reform could happen at any time so knowing your situation and where you stand will be a huge benefit if and when the immigration law changes.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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