• Insights

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

June 3, 2026

Country / Territory

  • United StatesUnited States

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: K. Edward Raleigh

The first part of this series focused on why the midterms are unlikely to produce major immigration legislation and why employers should instead watch enforcement, oversight and agency action. This second part looks at the other actors that will shape the employer environment after the election. 

Federal agencies will remain central, but they will not act alone. States, Congress, workers, applicants, advocacy groups and local communities can all increase pressure on employers. At the same time, AI and public data make it easier to turn ordinary business decisions into evidence of a broader workforce story. A layoff, an H-1B filing, a PERM recruitment step, a data-center investment, a state incentive package or a business visitor’s itinerary may be defensible on its own. The risk grows when those facts are viewed together and used to argue that the company is not giving U.S. workers a fair chance. 

Employers should plan for that broader environment. The question is not only whether the company complies with federal immigration rules. The question is whether the company can explain its workforce decisions to federal agencies, state officials, congressional offices, workers, applicants and the public. 

States 

Employers have long understood sanctuary jurisdictions that limit cooperation with federal immigration enforcement. Employers now need to understand states taking the opposite approach. 

Some states are using their authority to discourage unauthorized immigration, increase cooperation with federal enforcement, punish perceived noncompliance, or pressure employers and public institutions that rely on foreign workers. States may not rewrite federal immigration law, but they can create business consequences through state contracts, incentives, licensing, E-Verify rules, reporting duties, public benefits rules, law enforcement cooperation, investigations and political pressure. 

Tennessee provides a useful model. State leaders advanced a broad immigration agenda that would create new verification, reporting and enforcement duties across state and local government. The agenda reaches law enforcement, public health, public benefits, licensing, and other ordinary state functions. The policy goal is not simply cooperation with federal enforcement, but the construction of a state-level immigration enforcement system. 

Other states have begun moving in the same direction using different tools. Some proposals would restrict state incentives or contracts for employers that use H-1B or OPT workers. Texas has taken steps aimed at alleged H-1B abuse and state-agency use of H-1B filings. Those actions create procurement, incentive, site-selection and reputational risk even where federal immigration law permits the employment model. 

But not all state activity is trending more restrictive. Some states, such as Colorado, are doubling down on sanctuary legislation that further restrict state cooperation with federal enforcement, which creates a more fragmented compliance landscape for employers operating across jurisdictions. 

Congress 

Congress also can shape employer risk without passing a bill. Letters, hearings, subpoenas, appropriations conditions, agency referrals and public statements can all change the risk environment for a company. The H-1B oversight letters from Senators Grassley and Durbin, which scrutinized major employers that filed H-1B petitions after layoffs, show how the issue can cut across party lines. The message was simple and powerful: you laid off American workers, so why are you still filing H-1Bs? 

Private plaintiffs 

Private complaints will amplify both state and federal activity. US workers may allege that companies prefer H-1B workers, OPT workers, L-1 workers, or green card candidates because those workers appear cheaper, more dependent on the employer, more willing to accept certain conditions, or less likely to quit. Work-authorized noncitizens may allege that companies adopted overly restrictive sponsorship policies, screened out DACA recipients, rejected asylees or refugees, refused to consider students, required permanent work authorization unnecessarily or used citizenship as a shortcut for avoiding immigration work. 

AI and collective pressure 

AI will add pressure to those complaints and inquiries. Public concern about AI, data centers, energy costs, and job loss gives worker-protection arguments more force. A company that lays off workers, invests heavily in AI, and continues to file H-1B petitions may draw attention from workers, Congress, state officials and the press. 

Agencies are also using AI and data tools to increase enforcement capacity. Immigration enforcement no longer depends solely on complaints or random audits. Agencies can compare filings, wage data, job titles, SOC codes, public access files, PERM recruitment, payroll records, layoff notices, public job postings and corporate announcements. AI makes it easier to identify patterns that previously required manual review. 

The practical result is simple: more people can raise questions, and the government has better tools to test them. Employers should assume that layoffs, sponsorship activity, AI announcements, data-center projects, public incentives and job postings can quickly become one story about whether the company gave US workers a fair chance. 

Need to Know More? 

For questions about government enforcement, please contact Partner K. Edward Raleigh at [email protected]. 

This blog was published on June 3, 2026 and may be subject to change. Stay up to date on the latest immigration updates by subscribing to our alerts and follow us on  LinkedIn, Facebook and Instagram. 

Country / Territory

  • United StatesUnited States

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 30, 2026 | CanadaCanada: Reciprocal Employment Category Eligibility Narrowed by New Existing Employment Abroad Requirement
July 31, 2026 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
July 31, 2026 | PolandPartner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027
July 31, 2026 | United StatesUnited States: State Department Makes Permanent B-1/B-2 Visa Bond Program for Certain Countries and Increases Bond Amounts
July 31, 2026 | United StatesUnited States: TPS Employment Authorization for Ethiopia and South Sudan Extended Through August 6
July 30, 2026 | CanadaCanada: Reciprocal Employment Category Eligibility Narrowed by New Existing Employment Abroad Requirement
July 31, 2026 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
July 31, 2026 | PolandPartner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027
July 31, 2026 | United StatesUnited States: State Department Makes Permanent B-1/B-2 Visa Bond Program for Certain Countries and Increases Bond Amounts
July 31, 2026 | United StatesUnited States: TPS Employment Authorization for Ethiopia and South Sudan Extended Through August 6
July 30, 2026 | CanadaCanada: Reciprocal Employment Category Eligibility Narrowed by New Existing Employment Abroad Requirement
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.