Rights of Undocumented Immigrants in the US Amid Heightened Enforcement

DHS has implemented strict new registration laws and biometric requirements for noncitizens while increasing workplace audits and ending humanitarian protections. With a $170 billion enforcement budget proposed for 2026 and ongoing Supreme Court battles over citizenship rights, the administration is prioritizing mass removals and interior security, prompting states like California to pass family preparedness laws for potential deportations.

Rights of Undocumented Immigrants in the US Amid Heightened Enforcement
May 2026 Visa Bulletin
19 advanced 0 retrogressed F-2A Rest of World ▲182d
📄Key takeawaysVisaVerge.com
  • DHS is intensifying interior enforcement and expanding biometric tracking for all noncitizens across the United States.
  • New rules require mandatory fingerprinting and registration for noncitizens staying longer than 30 days.
  • The administration ended TPS for Haiti and Venezuela while proposing massive enforcement funding for 2026.

(UNITED STATES) — The Department of Homeland Security has intensified interior immigration enforcement while rolling out new registration and biometric rules that broaden federal oversight of noncitizens, as major legal challenges affecting undocumented immigrants move through the Supreme Court.

Secretary of Homeland Security Kristi Noem framed the approach in a December 19, 2025 statement that praised border security and arrests while promising more action ahead.

Rights of Undocumented Immigrants in the US Amid Heightened Enforcement
Rights of Undocumented Immigrants in the US Amid Heightened Enforcement

“Under President Trump’s leadership, we are making America safe again and putting the American people first. In record-time we have secured the border, taken the fight to cartels, and arrested thousands upon thousands of criminal illegal aliens. Though 2025 was historic, we won’t rest until the job is done,” Noem said.

Assistant Secretary Tricia McLaughlin, in a January 2, 2026 statement, tied holiday-season enforcement to public safety and announced removals of people she described as criminals.

“ICE law enforcement secures our streets every single day including over the holiday season. They rang in the New Year with the removal of more disgusting monsters including pedophiles, murderers, and fraudsters from American neighborhoods. Thanks to our brave law enforcement officers, American families have safer communities in 2026,” McLaughlin said.

May 2026 Final Action Dates
India China ROW
EB-1 Apr 01, 2023 Apr 01, 2023 Current
EB-2 Jul 15, 2014 Sep 01, 2021 Current
EB-3 Nov 15, 2013 Jun 15, 2021 Jun 01, 2024
F-1 Sep 01, 2017 ▲123d Sep 01, 2017 ▲123d Sep 01, 2017 ▲123d
F-2A Aug 01, 2024 ▲182d Aug 01, 2024 ▲182d Aug 01, 2024 ▲182d

Another DHS spokesperson, also on January 2, 2026, said the department would continue public messaging about enforcement operations.

“DHS will continue using every tool at its disposal to keep the American people informed as our agents work to Make America Safe Again,” the spokesperson said.

New registration and biometric rules

The stepped-up posture comes alongside a mandatory registration and fingerprinting requirement that took effect April 11, 2025.

Key DHS dates and deadlines (2025–2026)
April 11, 2025
Mandatory registration and fingerprinting requirement that took effect April 11, 2025.
December 26, 2025
A separate DHS rule dated December 26, 2025 authorizes U.S. Customs and Border Protection (CBP) to collect facial biometrics from all noncitizens at all entry and exit points.
Late 2025 (by December 31)Deadline
In late 2025, DHS offered a temporary $3,000 stipend and a free flight home via the ‘CBP Home’ app for undocumented individuals who agreed to leave voluntarily by December 31.
January 1, 2026
As of January 1, 2026, USCIS placed an adjudicative hold on all benefit applications (including asylum and adjustment of status) for nationals from 19 ‘high-risk’ countries.
February 3, 2026
TPS expiration for Haiti: February 3, 2026.

🔔 REMINDER

Reminder: TPS protections for Haiti and Venezuela have ended, and a 19-country adjudicative hold is in effect as of Jan 1, 2026. Stay updated with USCIS rulings to avoid missing benefits or deadlines.

  • Who it applies to: All noncitizens aged 14 or older who remain in the U.S. for more than 30 days.
  • Requirements:
  • Must register and be fingerprinted by DHS.
  • Adults (18+) must carry proof of registration at all times.
  • Failure to comply is a criminal offense.

A separate DHS rule dated December 26, 2025 authorizes U.S. Customs and Border Protection (CBP) to collect facial biometrics from all noncitizens at all entry and exit points.

  • This collection includes Green Card holders.
  • It applies at airports, land ports, and seaports, expanding the biometric reach of the entry-exit system beyond earlier scopes described by the agency.

Enforcement totals, voluntary departures, and incentives

DHS reported large enforcement totals for 2025, including removals and departures described as voluntary.

Category 2025 Total
Removals More than 622,000
“Self-deporting” / voluntary departures 1.9 million

In late 2025, DHS offered a temporary $3,000 stipend and a free flight home via the “CBP Home” app for undocumented individuals who agreed to leave voluntarily by December 31.

2026 funding and enforcement focus

The administration proposed major funding for 2026 enforcement activity that extends beyond the border.

  • Proposed amount: $170 billion expansion for 2026.
  • Focus areas: Increased interior and workplace enforcement, targeting sectors such as:
  • Construction
  • Agriculture
  • Hospitality

Changes to humanitarian pathways and status programs

As the enforcement push widens, federal actions have also narrowed humanitarian pathways that previously shielded some people from removal.

  • Temporary Protected Status (TPS): Secretary Noem announced the end of TPS for several countries, including Haiti and Venezuela.
  • TPS expiration for Haiti: February 3, 2026.
  • Rationale cited by Noem: that “extraordinary and temporary conditions no longer exist.”

Inside U.S. Citizenship and Immigration Services (USCIS), a separate set of restrictions has slowed or stopped processing for certain applicants connected to a list of countries DHS has described as higher risk.

  • As of January 1, 2026, USCIS placed an adjudicative hold on all benefit applications (including asylum and adjustment of status) for nationals from 19 “high-risk” countries, including Afghanistan, Cuba, and Venezuela.
  • The hold is pending what DHS described as a “comprehensive re-review.

State responses and family preparedness

States have responded to the possibility of deportations separating families by passing measures aimed at contingency planning.

  • California: AB 495, the Family Preparedness Plan Act of 2025, encourages families to designate temporary guardians for children in case of parental deportation.

Legal landscape: Supreme Court and lower courts

These changes sit in a political and legal environment where both the reach of enforcement and the rights of undocumented immigrants are being contested in courts, including at the Supreme Court.

  • One case centers on birthright citizenship and a Trump executive order that directs agencies to deny citizenship documents to U.S.-born children of undocumented parents.
  • The Supreme Court is currently reviewing the policy in Trump v. Barbara, while lower courts have blocked the executive order as of early 2026.
  • Another Supreme Court ruling has already addressed enforcement tactics on the ground.
  • In Perdomo v. Noem (Sept 2025), the Supreme Court ruled 6–3 that DHS can continue immigration sweeps in Los Angeles, affirming the executive’s discretion in enforcement priorities.

Workplace enforcement and employer impact

Workplaces have emerged as a central arena for enforcement, adding pressure on employers and employees as audits and related tools return to wider use.

  • Reactivated tools:
  • “No-match” letters
  • Increased I-9 audits
  • Consequences: Undocumented workers face immediate loss of employment and heightened risk of arrest at job sites.

Denaturalization efforts

For immigrants who already hold U.S. citizenship, USCIS guidance described a higher tempo of denaturalization referrals tied to fraud and alleged public safety concerns.

  • USCIS guidance for FY 2026: Instructs offices to refer 100–200 denaturalization cases per month to the Department of Justice.
  • Focus: Individuals suspected of fraud or gang affiliation during their citizenship process.

Legislative developments: The Dignity Act

The enforcement escalation has unfolded alongside continuing congressional debate over a legal status program that would not provide a pathway to citizenship.

  • Bill: The Dignity Act, H.R. 4393
  • Introduced in mid-2025 under the Salazar-Escobar effort.
  • Cosponsors: Over 30.
  • Proposal: Establish a “Dignity Program” allowing undocumented residents in the U.S. since 2020 to earn a 7-year legal status (without citizenship) after paying $7,000 in restitution.
  • The White House has signaled it will not support the bill, labeling it “amnesty.

DHS messaging and stated priorities

Across these changes, DHS has emphasized a “rule of law” approach that it says prioritizes the removal of criminal noncitizens while also expanding interior enforcement and ending various humanitarian protections.

McLaughlin’s January 2, 2026 statement reiterated the department’s message:

“Thanks to our brave law enforcement officers, American families have safer communities in 2026,” she said.

Where to find official DHS and USCIS materials

📖Learn today
Biometrics
Biological measurements or physical characteristics, such as fingerprints or facial recognition, used to identify individuals.
TPS (Temporary Protected Status)
A temporary legal status granted to eligible nationals of designated countries facing ongoing armed conflict or environmental disasters.
Adjudicative Hold
A temporary suspension of the formal judgment or processing of a legal application or benefit.
Denaturalization
The legal process of revoking an individual’s U.S. citizenship, typically due to fraud or security concerns.

📝This Article in a Nutshell

The U.S. government has launched a massive expansion of interior immigration enforcement, shifting focus from border security to workplace audits and universal biometric tracking. With the termination of TPS for several nations and a freeze on benefit applications for 19 ‘high-risk’ countries, legal pathways are narrowing. Meanwhile, the Supreme Court remains the final arbiter on critical issues like birthright citizenship and executive enforcement discretion.

What do you think? 83 reactions
Useful? 98%
Oliver Mercer

As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.

Subscribe
Notify of
guest

0 Comments
Inline Feedbacks
View all comments