Federal
Democrats Win Control of House and Senate in Midterm Elections
Democrats won control of the House and Senate in the November 3 midterm elections and will lead both chambers when the new Congress convenes in January 2027. Republicans’ share of the Latino vote fell from roughly 44 percent in 2024 to approximately 30 percent, although voting patterns varied by state and district. Voters interviewed about their choices cited living costs and immigration enforcement as some of the factors that influenced their vote. In Texas, Democrats won the gubernatorial and U.S. Senate races, while several predominantly Latino border counties that supported Trump in 2024 backed Democratic candidates.
The change in congressional control will give Democrats responsibility for committee leadership and oversight, including the ability to hold hearings and request information about the administration’s immigration policies. Potential areas of scrutiny include ICE enforcement and detention practices, due process protections, and delays in legal immigration processing. Congressional oversight does not itself change immigration law or halt executive actions. Legislation would require passage through both chambers and the president’s signature, or sufficient votes to override a veto, and many Senate measures would need enough support to overcome a filibuster. The administration will retain authority to implement and enforce immigration policy within existing law while Congress considers any legislative or funding changes.
ICE Rapidly Re-Arrests Immigrants Freed by Courts, Drawing Judicial Pushback
Immigration and Customs Enforcement (ICE) is re-arresting some immigrants minutes after their court-ordered release, prompting legal challenges over whether the agency is complying with judges’ decisions. Reporters found seven such cases in Minnesota, though attorneys suspect there are more. The cases involve immigrants who won habeas corpus petitions challenging the legality of their detention. In one case, Nicaraguan immigrant Yader Cortez was re-arrested approximately three minutes after leaving a federal building on October 2, following a judge’s determination that his initial warrantless arrest was unlawful.
In another Minnesota case, a judge ordered ICE to immediately release Ecuadorian asylum seeker Milton Saltos Velasquez after agents re-arrested him on October 19 before he could leave the federal building. The judge found that ICE had violated his release order and warned that the government could face sanctions, prompting agents transporting Saltos to jail to turn around. In an earlier case, the same judge wrote that treating an immediate re-arrest as compliance “would render habeas relief meaningless.”
President Trump Names Stephen Miller White House Chief of Staff
On November 6, President Trump announced that Stephen Miller will replace Susie Wiles as White House chief of staff, effective November 9. Miller, currently deputy chief of staff, has played a central role in developing the administration’s immigration enforcement and deportation policies. His appointment places him in charge of coordinating White House staff and advancing the president’s broader agenda. Wiles, who has served as chief of staff since January 2025, will move to Trump’s political operation. The transition will take effect as the White House prepares to work with Democratic majorities in both chambers of Congress.
Legal
Ninth Circuit Temporarily Pauses Restoration of TPS for Venezuelans
On November 3, the U.S. Court of Appeals for the Ninth Circuit issued a 14-day administrative stay delaying the restoration of Temporary Protected Status (TPS) for more than 627,000 Venezuelans. The pause begins November 6, when protections were expected to resume. Days earlier, a three-judge panel had unanimously rejected the Trump administration’s request to continue blocking a district court ruling that found its actions ending the protections unlawful.
The dispute centers on former Homeland Security Secretary Kristi Noem’s effort to cancel Venezuela’s 2023 TPS designation, which the district court found exceeded her statutory authority. The Supreme Court paused that ruling in October 2025, allowing the administration’s actions to take effect during the appeal. Following a separate Supreme Court decision in June 2026, the case returned to the Ninth Circuit for reconsideration. TPS holders argued that courts retained authority to determine whether the secretary had acted beyond the powers Congress granted. The ongoing litigation leaves their protection from deportation and eligibility for work authorization under TPS uncertain.
Federal Judge Blocks Policies Fast-Tracking Unaccompanied Children’s Asylum Cases
A federal judge on October 30 temporarily blocked Trump administration policies that sharply reduced notice for unaccompanied children’s asylum interviews and restricted their ability to reschedule. The judge ordered U.S. Citizenship and Immigration Services (USCIS) to reinstate its prior procedures, including a requirement to provide at least 21 days’ advance notice. Under policies adopted in August and September, some children received fewer than 24 hours’ notice, while requests to reschedule required a showing of “exceptional circumstances.” The temporary restraining order remains in effect through November 13 while the judge considers whether to issue a longer-term injunction.
The ruling follows an October 15 lawsuit by six legal service providers arguing that the accelerated process prevented attorneys from adequately preparing children to present their asylum claims. The organizations reported receiving more than 600 interview notices since August 1, sometimes requiring attorneys to represent multiple children in interviews scheduled for the same time. The judge found that the shortened notice was inconsistent with the Trafficking Victims Protection Reauthorization Act, which requires asylum procedures to account for unaccompanied children’s specialized needs, and that the stricter rescheduling standard violated the Administrative Procedure Act.
State and Local
Judge Temporarily Restores Tennessee Driver’s License Access for DACA Recipients and Other Immigrants
A Tennessee judge temporarily blocked restrictions preventing Deferred Action for Childhood Arrivals (DACA) recipients and other immigrants with federal work authorization from obtaining or renewing driver’s licenses. On November 2, the judge issued a temporary restraining order after the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) and six individual plaintiffs challenged the state’s documentation requirements. The order prevents the Tennessee Department of Safety and Homeland Security from refusing valid employment authorization documents and other federal documents for verification through the federal Systematic Alien Verification for Entitlements (SAVE) system. It also blocks the state from requiring a foreign passport, visa and approved arrival record as the only acceptable documentation. The ruling provides temporary relief while the lawsuit proceeds and does not permanently invalidate the policy. A hearing is scheduled for November 16.
The lawsuit follows reports that longtime license holders, including DACA recipients, people with Temporary Protected Status and individuals with pending asylum applications, were being denied renewals under the state’s revised interpretation of a 2025 law. Plaintiffs argue that the state abruptly changed its longstanding practice of accepting work permits without following required rulemaking procedures. Affected residents described losing access to jobs, medical appointments and transportation for their children, with one registered nurse saying she was considering leaving Tennessee because she could no longer drive to work. Gov. Bill Lee acknowledged that the policy may have created “unintended consequences” and said his office was reviewing the issue. TIRRC has since received reports of successful renewals but cautioned that implementation of the court order may vary across Driver Services Centers and is tracking continued denials.
Colorado Voters Reject Amendment Requiring Law Enforcement Cooperation With ICE
Colorado voters rejected Amendment 81, a proposed constitutional amendment that would have required state and local law enforcement to notify federal immigration authorities in certain criminal cases. The measure would have applied when a person in custody was charged with a violent crime or, for those with a prior felony conviction, any crime, and law enforcement determined that the person was unlawfully present or could not verify their status after a “reasonable effort.” Agencies would have had 72 hours after charges were filed to notify the Department of Homeland Security (DHS). Because the proposal would have amended the Colorado Constitution, it needed at least 55 percent support to pass.
Amendment 81 would have overridden state laws limiting local participation in civil immigration enforcement. Federal immigration authorities can already access public information about people held in Colorado jails, including their charges and upcoming court dates, but state and local agencies generally cannot share personally identifying information without a court order. Supporters, including the advocacy group Advance Colorado, argued that the measure would promote cooperation between local and federal authorities and improve public safety. Opponents warned that its undefined “reasonable effort” standard could lead to racial profiling, weaken trust between immigrant communities and police, and place additional responsibilities on local agencies. The amendment’s rejection leaves Colorado’s existing limits on cooperation with federal civil immigration enforcement in place.
Immigration Operation Targeting Truckers Expands to 14 States
An Oklahoma-led immigration enforcement operation has expanded across 14 states, with officials reporting more than 230 arrests during a coordinated 72-hour effort, including more than 40 people driving commercial vehicles. Oklahoma Public Safety Commissioner Tim Tipton said the operation brought together state agencies and Immigration and Customs Enforcement (ICE) after truckers began sharing information about enforcement locations and rerouting to avoid Oklahoma. Officials identified participating states stretching from North Dakota to Florida but did not disclose the operation’s dates. The effort builds on Operation Guardian and expanded use of 287(g) agreements, which authorize participating state and local officers to perform certain immigration enforcement functions. Oklahoma agencies had entered 136 such agreements as of October, including 109 signed this year.
The expansion comes amid reports that routine traffic stops and mandatory inspections are leading to the detention of immigrant truckers, including people with federal permission to live and work in the United States. Ukrainian drivers who fled Russia’s invasion have been caught in the crackdown, with a Ukrainian representative reporting that at least a dozen were detained in Oklahoma and Indiana over the summer. Attorneys warn that the enforcement is prompting drivers to leave the industry and raising concerns about racial profiling and prolonged detention. Indiana State Police denies targeting immigrant truckers, while supporters argue that increased enforcement improves road safety and compliance with commercial driving standards.
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is scheduled to be in session from Monday, November 9, through Tuesday, November 10. The U.S. House is scheduled to be in session from Monday, November 9, through Thursday, November 12.
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:
Explainer: Proposed Changes to the 2030 Census
Explainer: Proposed OPT Fees Could Limit Opportunities for International Students and American Employers
Explainer: New Rule Shortens Refugees’ Time to Contest Termination of Their Status
Reclassifying ‘Applicants for Admission’: How the Second Trump Administration is Reshaping Mandatory Detention
*As of publication (11/6/26 at 4:30 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.