Published on November 3, 2026
Election day for the midterm elections has arrived in the United States, and many immigrant families are asking what could change in immigration. This article explains what is being decided today, and what Congress can and cannot do, without taking any political position.
In brief: what the midterm elections decide
All 435 seats in the House of Representatives are on the ballot, meaning the entire chamber.
Roughly one-third of the Senate is also renewed. The seats in play belong to the class whose terms end on January 3, 2027.
According to the U.S. Senate, that class is made up of 33 senators, plus any special elections that may apply.
The new Congress is seated on January 3, 2027, so no legislative change happens immediately.
Winning Congress does not guarantee immigration reform, because the president retains the veto power.
Overriding a veto requires a two-thirds vote in both chambers, a majority that is rarely reached.
Most recent immigration changes came through administrative and regulatory action, not acts of Congress.
Only U.S. citizens may vote in federal elections. Voting without citizenship carries serious immigration and criminal consequences.
Important: these elections do not by themselves change any deadline, hearing or application you have pending.
What is decided in these midterm elections?
The composition of Congress for the next two years. That is the short answer, and it is best not to add more to it than it holds.
In the House of Representatives, all 435 seats are renewed. In the Senate, by contrast, terms run six years and are staggered across three classes. That is why roughly one-third is renewed every two years.
According to official Senate information, the class whose terms end on January 3, 2027 is made up of 33 senators. Therefore, those are the seats being contested, together with any special elections.
This staggering was designed on purpose. The framers wanted the Senate to change gradually rather than all at once. That is, the chamber keeps part of its membership from one election to the next, which limits how sharply its direction can shift.
Why do the midterm elections matter for immigration?
Because Congress controls three concrete levers. The first is legislation, that is, the ability to pass or change immigration laws. The second is the budget, which determines how many resources agencies receive. And the third is oversight of the executive branch.
However, that influence is worth measuring carefully. In recent years, most of the changes affecting immigrant families came through regulations, memoranda and administrative decisions, not through new laws.
That is, Congress matters, but it is not the only actor. Federal courts have also played a decisive role, as several cases this year have shown.
It helps to keep that division of power in mind. An agency can change a rule, a court can suspend it, and Congress can fund it or not. Therefore, no election result alone decides what will happen in immigration.
What scenarios are being discussed depending on who wins?
It is worth presenting them as they appear in public debate, without taking sides. Our firm does not endorse any party or candidate.
If the party currently in government keeps Congress: public debate points to continuity of current immigration policies, emphasizing border security, higher numbers of deportations and a stricter reading of the laws.
If the opposition party gains a majority: public debate points to greater oversight of the executive and possible budget changes, though with no guarantee of immigration reform.
In either case: the president retains the veto power until January 2029.
Source: prepared from the applicable constitutional rules. Verified on November 3, 2026.
It is important to understand this: the scenarios above describe expectations, not facts. No one can know today what the next Congress will pass.
Does winning Congress mean there will be immigration reform?
Not necessarily, and this is the part that creates the most confusion. The Constitution establishes a system in which a simple majority is not enough to impose a law if the president objects.
The mechanism works like this. Congress passes a bill and sends it to the president. If the president vetoes it, the bill returns to Congress. To become law without the president's signature, it needs a two-thirds vote in both chambers.
That two-thirds majority is known as a supermajority, and it is uncommon. Therefore, the most likely outcome in a divided Congress is that only what both sides agree on moves forward.
In addition, the Senate has its own internal procedural rules. In practice, those rules usually require more than a simple majority for a bill to reach a final debate. That is, there is more than one obstacle between a proposal and a law.
Note: the current presidential term runs through January 2029. That is, the veto power will remain in place regardless of today's result.
For that reason, sweeping immigration legislation has been rare in recent decades. Proposals have been introduced repeatedly and have stalled at one of these steps. However, narrower measures attached to budget bills have sometimes moved when both sides needed an agreement.
When would changes from the midterm elections be felt?
Not this week, and that is worth saying plainly. The new Congress is seated on January 3, 2027, and legislative work begins from there.
In addition, a law does not take effect the day it passes. It normally requires regulations, forms, instructions and implementation periods. In fact, months usually pass between the enactment of an immigration law and its real effect on an individual case.
For that reason we recommend not pausing any application while waiting for legislative change. Your case moves forward under the rules that exist today.
That said, one effect can be felt sooner. Budget decisions influence how many resources immigration agencies receive. However, even those changes take time to translate into waiting times or into the daily practice of the offices.
What do the midterm elections not change?
Almost everything that affects your case in the short term. Your hearings remain scheduled, your deadlines keep running and your obligations remain in force.
This covers several very concrete things. The cut-off dates published in the monthly bulletin, which you can review in our article on the November 2026 visa bulletin. Ongoing litigation, such as the Venezuela TPS case. And your rights before an immigration officer, which we explain in our guide on what to do during an immigration arrest.
It is important that you attend all your scheduled appointments and hearings, whatever the election result.
Who may vote, and what is the risk for non-citizens?
Only U.S. citizens may vote in federal elections, and this point deserves a serious warning.
Federal law provides that voting in a federal election without being a citizen is a crime, punishable by a fine, up to one year in prison, or both. Likewise, immigration law provides that unlawful voting can make a person inadmissible and also deportable.
There are very narrow exceptions, for example for certain people whose parents are citizens and who grew up in the United States reasonably believing they were citizens as well. However, those exceptions are narrow and should never be assumed.
Caution: if someone offers to register you to vote and you are not a citizen, do not accept. The consequences can be permanent.
That said, if you are a U.S. citizen, we encourage you to exercise your right to vote. It is the most direct way to take part in the country's decisions.
What do we recommend?
We recommend four things, and none depends on today's result. First, stay calm and avoid the alarming messages that circulate on social media during election days.
Second, keep all your current appointments, hearings and deadlines. Third, keep your address current with immigration authorities and your documents organized.
And fourth, if you have a pending immigration matter or a question about your options, seek legal guidance now rather than later. In fact, resolving what can be resolved today is a better strategy than waiting for an uncertain change.
At our firm, your case is reviewed in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow a thorough look at your file and an honest explanation of the alternatives available in your specific situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
Frequently asked questions about the midterm elections
Will there be immigration reform after this election?
No one can guarantee it. Even with a majority in both chambers, a law needs the president's signature or a two-thirds vote to override a veto.
Does the election affect my pending case?
Not immediately. Your deadlines, hearings and obligations remain in force under the current rules.
Can I vote if I am a permanent resident?
Not in federal elections. Federal voting is reserved for U.S. citizens, and voting without citizenship carries serious consequences.
When does the new Congress begin work?
On January 3, 2027. The new legislative term starts from that date.
What happens if Congress and the president are from different parties?
Usually little advances, apart from what both sides agree on. The Constitution requires two-thirds of both chambers to override a presidential veto.
Should I wait for the laws to change before resolving my case?
We do not recommend it. Current law governs your case today, and waiting can cost you opportunities.
Conclusion
The midterm elections determine who will hold Congress for the next two years, and that carries real weight in budgeting, oversight and the ability to legislate. Even so, it is worth remembering that the constitutional system divides power among several hands.
Therefore, the best stance for an immigrant family is not anxiety but preparation. In fact, while the country decides its political direction, you can move forward with what is in your control: your documents, your deadlines and your legal guidance. It is important that you stay calm and keep hope.
If you have a pending immigration matter or a question about your options, contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.
See also our frequently asked questions and the rest of the updates on our blog.
