Federal
DHS Proposal Would Greatly Lengthen Wait Times, Pause Work Permits for Asylum Seekers
On February 20, 2026, the Department of Homeland Security (DHS) published a notice of proposed rulemaking that would significantly restrict work authorization for asylum seekers by both extending wait times and allowing DHS to suspend new work‑permit applications tied to the size and pace of the asylum backlog. Under the draft rule, asylum seekers would have to wait 365 days after filing an asylum application before they could even apply for an employment authorization document (EAD), up from the current 150‑day waiting period, with eligibility no earlier than 180 days under existing rules.
The proposal would also authorize U.S. Citizenship and Immigration Services (USCIS) to stop accepting initial EAD applications from asylum applicants whenever the average processing time for affirmative asylum cases exceeds 180 days, a threshold that current USCIS and immigration‑court backlogs already far surpass, often leaving applicants waiting four to six years for final decisions. Given that there were well over 1.5 million asylum cases pending by late 2022 and that affirmative filings surged to roughly 454,000 applications in FY 2023, advocates warn that the February 20, 2026 DHS proposal could, in practice, leave many asylum seekers without lawful work authorization for “many years,” exacerbating poverty and vulnerability while their protection claims remain unresolved.
Parties Remain Far Apart on ICE Reform Conditions as DHS Shutdown Enters Second Week
The Department of Homeland Security (DHS) shutdown has entered its second week after funding lapsed at midnight on February 13, with Democrats and Republicans still far apart on conditions to reform Immigration and Customs Enforcement (ICE). DHS spokesperson Tricia McLaughlin announced she will leave the administration as talks remain stalled. White House officials told reporters that “the parties are still pretty far apart” even after Democrats sent a new counteroffer on February 17 outlining proposed limits on ICE operations and use of force, including restricting roving patrols and operations in sensitive locations, requiring ICE agents to unmask and wear body cameras, tightening standards for when judicial warrants are required before entering private property, and strengthening use‑of‑force rules. House Minority Leader Hakeem Jeffries has said Democrats are using the shutdown to “get ICE under control.” Although ICE and Customs and Border Protection are drawing on prior‑year funds, the shutdown is delaying pay for Transportation Security Administration screeners, Coast Guard personnel, and some Federal Emergency Management Agency staff until Congress approves new DHS funding.
New DHS Memo Expands Authority to Detain Refugees for One-Year “Re‑Vetting”
The Department of Homeland Security (DHS) issued a memo expanding Immigration and Customs Enforcement (ICE) authority to detain certain refugees who have not yet obtained green cards for up to one year while they undergo additional security “re‑vetting.” The guidance directs agents to detain refugees who are flagged in intelligence or law enforcement databases after arrival and to treat these cases as national security priorities, often favoring detention over alternatives during renewed background checks. Refugees already pass multiple rounds of interviews, biometric screening, and security checks before resettlement, making them one of the most vetted immigrant groups.
Advocates warn the policy diverts limited resources to reassess people who have already been thoroughly screened and safely resettled. Moreover, the directive risks retraumatizing refugees who followed every legal requirement and had already demonstrated a credible, well‑founded fear of persecution, arguing that re‑reviewing them is unnecessary, disruptive, and inconsistent with America’s core principles. Faith organizations, including evangelical resettlement agency World Relief, have also voiced concern that detaining previously approved refugees undermines trust in the U.S. refugee program and further slows admissions that are already at historically low levels under current policies.
Communities Across the Country Push Back Against ICE Detention Facility Expansion
The Trump administration is rapidly expanding Immigration and Customs Enforcement (ICE) detention capacity by purchasing and converting large warehouse facilities across the country, drawing opposition from local communities. Planning documents and local briefings indicate that ICE is targeting sites near major highways and airports as part of a $38 billion Detention Reengineering Initiative that could consolidate more than 200 mostly private or locally run facilities into 34 Department of Homeland Security–owned warehouses with capacity for more than 90,000 detainees. The shift is designed to centralize immigration jails in government-owned sites while still relying on private contractors for services such as security and medical care, potentially cutting into major contracts currently held by GEO Group and CoreCivic, which together detain a majority of people in ICE custody.
In Pennsylvania, Republican Representative Brian Fitzpatrick said he confirmed with the Department of Homeland Security that there will be no ICE detention facility in his Bucks County district after residents raised concerns, even as DHS moves forward with plans to convert a 518,000‑square‑foot warehouse in neighboring Berks County into an ICE detention center purchased for $87.4 million. Local officials and residents in Roxbury, New Jersey, Wilson County, Tennessee, and Social Circle, Georgia have packed public meetings, launched petitions, and raised concerns about water and sewer capacity, traffic, property values, and the prospect of holding thousands of immigrants in their communities. Even some voters who supported Trump’s immigration policies told reporters they oppose having a detention center in their own communities, arguing that mass detention is inconsistent with their values and that federal officials have not been transparent about who will be held there, for how long, and under what conditions.
Administration Escalates Scrutiny of Noncitizen Voting Ahead of Midterms Despite Limited Evidence of Fraud
Ahead of the upcoming 2026 midterm elections, the Trump Administration has been taking actions to address alleged fraud in U.S. elections. An article by the Salon states that “[e]arlier this month, Secretary of Homeland Security Kristi Noem made a sudden visit to Arizona to discuss ‘election security,’” where she claims that “non-citizen immigrants” have undermined elections. However, there is limited evidence to suggest that noncitizen voting is an issue at all in U.S. elections. This continues a trend by the Trump Administration of taking action against alleged noncitizen voting, with several bills introduced by Republicans to prevent such actions, such as the “Safeguard American Voter Eligibility (SAVE) American Act and the Make Elections Great Again Act, and President Trump claiming to prevent so with or without Congress.
Trump Administration towards noncitizen voting come at a time of increased tensions between U.S. citizens and ICE raids across the country. In Kansas, the Mayor of the city of Coldwater, Mr. Joe Ceballos, who was born in Mexico but possesses a green card, and consistently votes Republican including for President Trump, has been accused of voting as a noncitizen and has been brought to court as a result of the accusations. Citizens have come forward in defense of the mayor, saying he is “as American as anyone else.” The actions towards Mr. Ceballos and noncitizen voting have stoked fears further for U.S. citizens on how they vote. And states have expressed concerns on how these changes, in the form of new bills and rolling back bills, will mean for elections overall.
Legal
Courts and Lawmakers Raise Alarms Over ICE Detention of Hundreds of Children and Pregnant Detainees
Federal judges and lawmakers are raising concerns about the detention of nursing mothers, pregnant women, and hundreds of children in Immigration and Customs Enforcement (ICE) custody. In recent hearings, judges questioned why nursing and pregnant detainees with no criminal history remain in detention despite prior ICE guidance limiting such practices, with one judge pressing the Department of Justice to explain why a nursing mother of a six-month-old was jailed when the Department of Homeland Security (DHS) was “unable to identify” any reason to keep her detained. A recent investigation found that more than 3,500 people, over half of them minors, have cycled through the South Texas Family Residential Center in Dilley since it reopened, with about 300 children held for more than a month despite the long-standing Flores Settlement that generally limits child detention to 20 days.
Letters from children detained at Dilley describe boredom, depression, inadequate schooling, and repeated complaints about bad food and delayed or insufficient medical care, including children hospitalized for respiratory illnesses after staff allegedly failed to treat symptoms promptly. Representative Joaquin Castro (D-TX) reported that a two-month-old infant with bronchitis, Juan Nicolás, and his family were deported to Mexico shortly after the baby was taken from the Dilley facility to a hospital for breathing problems, despite Rep. Castro’s warnings that the center lacked capacity to treat him and that “his life is in danger.” Judges, medical advocates, and civil rights groups argue that ICE’s handling of pregnant and nursing detainees and its prolonged detention of children at Dilley conflict with agency guidance, court settlements, and basic standards of care.
State and Local
Operation Metro Surge Winds Down in Minnesota
Federal officials have begun drawing down “Operation Metro Surge” in Minnesota, announcing that the deployment of thousands of additional immigration agents to the Twin Cities is ending and that most personnel will soon depart the state. The administration has framed the surge as a time‑limited operation focused on public safety, indicating that routine enforcement will be handed back to local ICE leadership with only a smaller residual presence remaining.
Immigrant communities, local officials, and advocates remain deeply skeptical that the operation is truly over or that day‑to‑day enforcement will meaningfully change. Many Twin Cities residents report they are still afraid to go to work, school, or medical appointments, and mutual‑aid networks continue to deliver groceries and supplies to families who remain in de facto lockdown. Community groups argue that federal assurances lack transparency and accountability, pointing to reports of arrests of people with no criminal history and to the absence of clear public data on who was targeted, who remains in custody, and what guardrails will govern ongoing enforcement once the surge is officially “over.”
Maryland Governor Signs Law Banning 287(g) Agreements as ICE Partnerships with Local Police Surge Nationwide
Maryland Governor Wes Moore signed two emergency bills into law on February 17 that end Immigration and Customs Enforcement (ICE) 287(g) agreements with local law enforcement and prohibit state agencies and employees from entering into such partnerships going forward. The new law requires all existing 287(g) agreements in Maryland to end by July 2026 and covers nine participating counties. Governor Moore said Maryland would not allow “untrained, unqualified and unaccountable agents” to deputize local officers, emphasizing that the legislation does not authorize the release of violent offenders and that the state will continue to coordinate with the federal government on the lawful removal of noncitizen offenders who pose a risk to public safety.
The move comes as 287(g) agreements have expanded rapidly under President Trump, with the number of participating jurisdictions and the scope of local police involvement in immigration enforcement growing nationwide. Federal reports and watchdogs estimate that ICE could pay as much as $2 billion to local law enforcement agencies for 287(g) agreements in the coming years, raising concerns about incentives to widen local-federal cooperation. Civil rights advocates and former oversight officials warn that delegating federal immigration powers to local police without strong accountability measures risks racial profiling, civil rights violations, and erosion of community trust in law enforcement. Maryland’s action follows similar steps in other Democratic-led states, including a recent executive order from Virginia Governor Abigail Spanberger directing state law enforcement to exit federal immigration agreements.
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is scheduled to be in session Monday, February 23 through Friday, February 27. The U.S. House of Representatives is scheduled to be in session Monday, February 23 through Thursday, February 26.
UPCOMING HEARINGS AND MARKUPS
Markup: H.R. ___, the Shut Down Sanctuary Policies Act
Date: Tuesday, February 24, 2026 at 10:00 AM ET (House Committee on the Judiciary)
Location: 2141 Rayburn House Office Building, Washington, D.C.
Sanctuary Cities: The Cost of Undermining Law and Order
Date: Tuesday, February 24, 2026 at 10:00 AM ET (Senate Committee on the Budget)
Location: 608 Dirksen Senate Office Building, Washington, D.C.
Witnesses: TBA
GOVERNMENT REPORTS
U.S. Government Accountability Office (GAO); U.S. Customs and Border Protection: Resources Deployed and Challenges Faced in Securing the Northern Border; February 12, 2026
This GAO report examines how CBP has increased surveillance technology along the northern border while continuing to face significant staffing, equipment, and infrastructure challenges in securing the 4,000‑mile U.S.-Canada border.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
The Forum is constantly publishing new policy-focused resources that engage with some of the most topical issues around immigration today. Here are a few that are particularly relevant this week:
Bill Summary: Public Safety Act
Explainer: 2025 Proposed Rule on Public Charge
USCIS Internal Memo on Review of Admitted Refugees
*As of publication (2/20/26 at 3:00 PM EST)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the Forum, with questions, comments, and suggestions for additional items to be included. Nicci can be reached at nmattey@forumtogether.org. Thank you.