ANALYSIS: States to Take a Swing at Their Own Immigration Laws

While the federal government retains ultimate authority over immigration policy, deciding who may enter, who may remain in, and who must leave the US, individual states are increasingly leveraging their jurisdiction over labor and employment matters to influence immigration-related issues. This trend, which began during President Donald Trump’s second term, is likely to intensify in 2026.

Look for states to emerge as players on the immigration stage in 2026, flexing their legislative muscles to influence issues that sit at the intersection of employment and immigration. Expect to see expanded equal employment opportunity laws, new laws shaping how employers can respond ...