By:Victoria Francis | americaimmigrationcouncil.org |Photo Courtesy: americaimmigrationcouncil.org

This year has been filled with unprecedented challenges and aggressive immigration enforcement tactics across the United States. Instead of focusing on the “worst of the worst” as the Trump administration promised, communities are facing the realities of the new mass deportation playbook—racial profiling and the indiscriminate detention of their residents, citizens, and noncitizens alike, often without due process. And these policies are already having adverse economic and workforce impacts.

Fortunately, states have the power to enact policies to protect immigrants while ensuring due process and dignity for all residents. Here are three high-impact policy areas where states have already taken action and that lawmakers should consider in 2026:

Data privacy and protection

The Trump administration is increasingly seeking access to state databases and resources to collect sensitive data on individuals, including voter information and immigration status, often in pursuit of immigration enforcement or in pressuring local governments to stop supporting members of their community.

States can protect sensitive data by setting clear criteria for when information is collected or shared. Leading by example, these states passed laws to protect residents’ information:

• Washington HB 2567 (2019): Prevents judges, court staff, security personnel, and prosecutors from inquiring into or collecting information about an individual’s immigration or citizenship status or place of birth, unless the information is relevant to an investigation into a violation of state or local criminal law. Prohibits the sharing of nonpublic personal information about an individual to federal immigration authorities for civil immigration enforcement.
• New Mexico SB 36 (2025): Prohibits state agency employees from disclosing sensitive personal information, including immigration status, unless specific conditions are met, such as a court order. Restricts the use of motor vehicle records for federal immigration enforcement and establishes penalties for unauthorized disclosures.
• Colorado SB 276 (2025): Expands existing privacy laws to all branches of government, political subdivisions, and certain third parties. Requires public entities to develop data and access policies and limits the collection of certain immigration-related information unless required by state or federal law. Prohibits data sharing unless specific criteria are met, such as a federal judge/magistrate-issued order, a subpoena, or a warrant.

The new year is an opportunity for states to identify and strengthen data privacy and protections. It will undoubtedly see states address video surveillance systemsvideo surveillance systems, license plate readers, and data loopholes that has given U.S. Immigration and Customs Enforcement (ICE) access to drivers’ data.

Funding for immigration legal services

Given that immigration offenses are civil in nature and not criminal, individuals in immigration proceedings or before an immigration court do not have a right to a government-funded attorney, leaving many to navigate complex legal processes on their own. Case outcomes are directly linked to an individual’s access to representation, and having a lawyer significantly reduces  and having a lawyer significantly reduces the likelihood of deportation. With due process more important than ever, there is an urgent need to address the crisis of representation in immigration court.

States can establish and fund immigrant legal services to increase access to representation for vulnerable individuals. Examples include:

• Colorado SB 1194 (2021): Creates an immigration legal defense fund to support organizations in providing legal representation related to removal or civil immigration detention, prioritizing representation for individuals in detention for deportation proceedings.
• Massachusetts Budget (4003-0124) (2025): Allocates $5 million to implement an immigration legal services program to increase access to legal representation for immigrants and refugees in the state, including legal consultation and ongoing representation.
• Washington SB 5167 (Sec. 129) (2025): Appropriates funding to the Department of Commerce to contract with organizations or attorneys to provide representation and referral services for low-income individuals in need of immigration legal services.

In 2026, states will continue to face high demands for these services, driven by a record number of immigrants in detention and ongoing mass deportation efforts. This includes a growing need for attorneys to file habeas petitions on behalf of immigrant clients in federal court, allowing individuals to challenge unlawful detentions by requiring the government to justify their continued detention.

Focusing limited resources on community needs, not federal enforcement

The administration’s mass deportation agenda has led to federal immigration enforcement operations in communities across the U.S., creating fear, confusion, disregard for due process, and constitutional violations. However, states can enact policies that prioritize public safety, establish clear procedures for local law enforcement’s interactions with federal immigration authorities, and restrict the costly use of state or local resources for unreimbursed federal immigration enforcement purposes. Examples include:

• Illinois SB 0667 (2021): Clarifies the role of state and local law enforcement in federal civil immigration enforcement, prohibits the detention of individuals solely based on an immigration detainer or a civil immigration warrant, and bans contracts to house individuals for federal civil immigration violations. The 2025 Keep Illinois Families Together Act further restricts cooperation by prohibiting 287(g) agreements and prohibiting law enforcement from asking about an individual’s immigration or citizenship status.
• Delaware HB 182 (2025): Prohibits law enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations.
• Maryland HB 1222 (2025): Establishes a requirement for federal immigration officials to present a valid warrant issued by a federal court to enter private areas of any facility operated by units of state or local government that delivers essential services.

Unprecedented funding for federal immigration enforcement under the so-called “One Big Beautiful Bill“One Big Beautiful Bill” Act will continue to intensify immigration enforcement across the U.S. in 2026 and beyond. State lawmakers can use their authority to address these challenges by enacting policies to limit federal overreach and maintain clear boundaries between federal and state responsibilities.

With no indication that aggressive immigration enforcement activities and the harm they bring to communities will slow down, states have a vital opportunity to use their 2026 legislative sessions to respond. Addressing data privacy and protection, expanding access to immigration legal services, and setting clear limitations on collaboration with federal immigration authorities will be critical to these efforts.