WASHINGTON (AP) — Democrats’ sweeping victories in this week’s midterm elections have emboldened candidates to promise tougher scrutiny of President Donald Trump’s mass deportation campaign once they take office. Some also called for a renewed push to reshape the nation’s immigration system while Democrats control both chambers of Congress.
Those ambitions follow two years in which Democrats, stuck in the minority, had limited ability to challenge Trump’s aggressive and often disorderly immigration enforcement policies. Even after their historic election win, however, their ability to act will be constrained. Trump has two years remaining in the White House, and he can veto legislation — a significant obstacle for Democrats seeking to reverse his agenda.
Republicans have also already committed billions of dollars to immigration enforcement. Meanwhile, Stephen Miller, one of the central architects of Trump’s hard-line immigration policies, was elevated Friday to serve as the president’s chief of staff. His appointment suggests enforcement efforts are unlikely to ease in the near term.
Here is what could come next for immigration following Election Day:
Democrats prepare investigations into ICE and immigration policies
Democrats are expected to wield congressional oversight powers to investigate Immigration and Customs Enforcement and the Department of Homeland Security. The effort could appeal to voters angered by enforcement operations in cities such as Minneapolis, as well as arrests involving longtime immigrants who had become deeply established in American communities.
The administration intensified immigration enforcement during the first two years of Trump’s second term, staging large-scale operations in several cities and driving arrests sharply higher. DHS has also faced scrutiny over alleged corruption and the possible misuse of funds allocated to implement Trump’s immigration priorities.
About six in 10 voters nationwide said the Trump administration’s immigration enforcement efforts had “gone too far,” according to the AP Voter Poll, which surveyed more than 100,000 people who voted in the midterms. Roughly the same share disapproved of ICE’s performance. At the same time, about six in 10 voters said immigrants in the United States today do more to “help the country,” compared with roughly four in 10 who said they do more to “hurt the country.”
Rep. Robert Garcia, a Los Angeles-area Democrat who is set to chair the House Oversight Committee and has been a leading critic of Trump’s immigration agenda, warned the administration to “lawyer up.” He said investigating alleged abuses at DHS would be among his top priorities.
The next Congress will “address the Trump administration’s assault on the rule of law and hold those responsible accountable,” said Mississippi Rep. Bennie Thompson, the top Democrat on the House Homeland Security Committee.
Potential investigations could examine DHS purchases of enormous warehouses to house detained immigrants, whether ICE bypassed safeguards while hiring thousands of new deportation officers, and deaths in immigration detention facilities.
Garcia and Democratic Sen. Richard Blumenthal of Connecticut have already held shadow hearings featuring relatives of people killed during immigration enforcement operations, a whistleblower who described problems with ICE training, and American citizens swept up in immigration actions.
Republicans did not attend those proceedings, and Democrats lacked the authority to subpoena witnesses. With control of Congress, they will have broader powers to investigate the administration’s conduct.
Democrats face pressure to present their own immigration plan
The last serious attempt at comprehensive immigration reform came in 2013, when legislation passed the Senate but stalled in the House.
A surge in border crossings during the Biden administration further discouraged many Democrats from publicly advocating legalization for undocumented immigrants.
Sarah Pierce, director of social policy at the Washington, D.C.-based think tank Third Way, said Democrats must offer voters a clear plan for immigration and border security rather than concentrating solely on investigations into the past two years.
SEE ALSO: Trump Calls for Investigation Into Democrats He Labels ‘Extortionists’
“They should lean into oversight, but I think that they also need to couple that with a proactive vision for what immigration should look like in the United States,” Pierce said.
At least one incoming Democratic senator is prepared to reopen that debate. In a post-election interview with Fox News, Texas Sen.-elect James Talarico said Congress should pursue comprehensive immigration reform, including a path to citizenship for immigrants who have lived and worked in the country illegally for years.
In the House, New Mexico Rep. Gabe Vasquez cited Democrats’ gains among Latino voters and the growing number of Latino lawmakers expected to take office next year as reasons for the party to engage more directly on immigration.
Vasquez said Democrats should address the issue through the lens of affordability, a top concern for voters. One possibility, he said, would be creating a new visa category for workers who care for children or older adults, helping ease labor shortages.
“This cannot be a third-rail issue for Democrats,” Vasquez said. “We can actually reform our immigration system to bring costs down for all Americans and at the same time give people who are either here undocumented or want to come to this country an opportunity to have legal status.”
Democrats have limited power to block Trump’s immigration agenda
Shortly after the election, Trump said he was willing to work with Democrats on certain issues, including immigration. Whether that cooperative approach will translate into policy remains uncertain.
Homeland Security Secretary Markwayne Mullin declared on social media, “Deportations will continue.” Days later, Trump announced Miller would become his chief of staff.
Immigration and Latino advocates condemned Miller’s promotion, describing it as defiance of the voters’ message and evidence that Trump intends to continue pursuing his existing policies. California Democratic Sen. Alex Padilla, a prominent critic of the administration’s immigration agenda, said Trump was choosing to double down and promised, “So will we.”
It remains unclear whether Democrats and the White House can reach an agreement on immigration legislation. Trump will remain in office for another two years and can veto any bill Democrats pass, while Republicans have already secured the funding and personnel needed to continue enforcing his agenda regardless of the election results.
In the summer of 2025, Republicans accelerated immigration enforcement with $150 billion for expanded detention capacity, completion of the border wall and the hiring of thousands of additional deportation officers. Earlier this year, they also approved three years of advance funding for ICE and Border Patrol.
“My fear is that enforcement will get worse. And the country will also see that Congress does not have many tools to stop the executive branch because the executive branch power on immigration has grown so vast,” said Andrea Flores, who served as a policy adviser in the Obama and Biden administrations.
Conservatives urge the lame-duck Congress to act
Many supporters of the administration are pressing the current Congress to use its remaining time to pass laws that would lock in what the Trump administration describes as its border-security and immigration gains. Without statutory changes to asylum rules or stricter requirements for employers verifying workers’ immigration status, conservatives warn that a future administration could quickly undo the system Trump has built.
NumbersUSA, an advocacy organization that favors restricting immigration, displays a countdown clock on its website marking the days remaining before the current Congress ends. Its message urges lawmakers to “make border security permanent.”
“If this Congress in the lame duck does not secure the border with lasting legislation,” said Jeremy Beck, the group’s co-president, “then this Congress will have failed to meet the moment.”
