State Legislatures Passed Immigrant Protections and Enforcement Laws in 2026, Analysis Finds
A November analysis counted 140 protection-oriented bills in 30 states alongside new enforcement-cooperation laws, with effects varying from jail detainers to benefits and schools.
At a glance
- Twelve states passed 13 policies concerning foreign-trained workers.
- Twelve of 40 school-enforcement proposals became laws.
- Kansas lawmakers’ school-campus sensitive-location proposal did not pass.
Reviewed November 13, 2026 Checked against ona.delaware.gov
The American Immigration Council found that five states enacted laws strengthening coordination with federal immigration enforcement, while legislatures in 30 states passed 140 bills aimed at supporting immigrant communities. The Council published its analysis on November 13, 2026.
The measures reach immigrant residents, families, public agencies, law enforcement and schools, but they do not create one uniform state approach. Some limit government cooperation with civil immigration authorities; others require cooperation or tighten eligibility checks.
Among the 140 bills, 39 addressed immigration enforcement, including limits on coordination with federal authorities and protections for sensitive locations. States also adopted measures covering data privacy and language access.
Workforce policy moved on a separate track. Twelve states passed 13 policies to help foreign-trained people enter the workforce; six had Republican governors and six had Democratic governors. Many measures created more routes for foreign-trained physicians to demonstrate that their skills meet U.S. requirements.
Tennessee and Mississippi require new cooperation with immigration authorities
Eight states passed 11 policies restricting noncitizen voting. Seven states passed nine measures requiring more stringent immigration-status checks for people seeking public benefits and assistance. Some use the federal SAVE program to verify status or citizenship.
A federal proposal would go further. H.R. 7640, introduced in the House on February 23, 2026, would override some state and local restrictions on cooperation with immigration authorities. It remains a bill, not enacted law.
| State | What the 2026 law requires or allows |
|---|---|
| Tennessee | Three laws require sheriff’s departments to enter 287(g) agreements and honor immigration detainers; state courts must cooperate with federal immigration authorities. |
| Mississippi | Covered agencies must make reasonable attempts to enter 287(g) agreements; state and local entities cannot adopt policies limiting federal immigration enforcement. |
| Delaware | House Substitute 1 for House Bill 368 bars detention based solely on an immigration detainer or civil immigration warrant. |
| California | SB 1099 lets local jurisdictions choose to provide state or local benefits regardless of immigration status. |
Tennessee’s measures also require courts to cooperate with the Department of Homeland Security, and judges risk removal for obstructing DHS operations. Mississippi’s covered agencies include the state Department of Public Safety and county law enforcement agencies that operate detention facilities.
Delaware and California set limits on detention and preserve local discretion
Delaware’s House Substitute 2 for House Bill 94 restricts local cooperation with civil immigration enforcement at child-serving organizations, colleges, places of worship and health facilities. The law allows an exception in exigent circumstances.
California’s law, signed on September 30, 2026, preserves a local option rather than requiring jurisdictions to provide benefits. The Council also identified state policies protecting immigrant data, expanding language access and integrating foreign-trained workers into the workforce.
School proposals produced different rules, and most did not become law
At least 23 states considered proposals in 2026 addressing federal immigration officers and K-12 schools. Of 40 proposals reviewed, 12 became laws; 35 would have limited officers’ access to school campuses or students.
Mississippi’s cooperation law covers government entities, including school districts. Kansas lawmakers considered making school campuses sensitive locations, but that proposal failed. At the start of the second Trump term, the federal administration rescinded its policy protecting schools and other sensitive places from immigration enforcement.
Georgia’s law preceded a rise in immigration detainer requests
Georgia HB 1105, signed May 1, 2024, changed jail procedures from officer discretion to required booking for an immigration check. Detainer requests increased after the law took effect, including requests involving residents from Latin America and Africa. Requests are not the same as ICE arrests.
The state-law obligations remain specific. Tennessee sheriff’s departments must enter 287(g) agreements and honor detainers. Mississippi’s Department of Public Safety and county law enforcement agencies operating detention facilities must make reasonable attempts to enter those agreements.
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Sources
Primary documents and official agency releases referenced in this story.