2026 Immigration Changes: What California Immigrants Need to Know

Last Updated: February 2026

The immigration landscape in 2026 is undergoing rapid and significant changes that affect millions of people across California and the United States. From new asylum processing rules to expanded enforcement operations, enhanced security screening, and a growing court backlog, immigrants and their families face a level of uncertainty that demands careful attention and proactive planning.

This guide breaks down the most important immigration changes happening in 2026, explains what each one means for you and your family, and provides actionable steps you can take to protect yourself. We focus specifically on how these changes affect California residents, including new state laws designed to protect immigrant communities.

If you are an immigrant in California — whether you hold a green card, a visa, DACA, TPS, asylum status, or are undocumented — this article is for you.

The Big Picture: What Is Happening With Immigration in 2026?

The federal government has made immigration enforcement a top priority, and 2026 has brought a wave of policy changes affecting nearly every aspect of the immigration system. At the same time, California continues to advance state-level protections for its immigrant communities. Understanding both the federal changes and the state-level safeguards is essential for anyone navigating the immigration system in California today.

1. USCIS Processing Pause on Asylum Cases

What Is Happening?

Starting in late 2025 and continuing into 2026, USCIS has paused or significantly slowed the processing of affirmative asylum cases. This means that many asylum applicants who filed their applications and were waiting for interview scheduling have experienced delays, rescheduling, or indefinite holds on their cases.

The processing pause is part of a broader restructuring of how USCIS handles asylum cases, and it has created significant uncertainty for hundreds of thousands of pending applicants.

What This Means for You

If you have a pending affirmative asylum case, this pause may affect your timeline in several ways:

• Your asylum interview may be delayed. If you were expecting to be scheduled for an interview, the wait may be longer than anticipated.
• Work authorization renewals become critical. If your Employment Authorization Document (EAD) is based on your pending asylum application, make sure you file for renewal well in advance of its expiration. Processing delays at USCIS mean you cannot afford to let your EAD lapse.
• Keep your address current. If USCIS does schedule your interview or sends you a notice, it will go to the address on file. Use Form AR-11 to update your address with USCIS any time you move. Also file a change of address with the immigration court if you have a pending case there.
• Do not assume your case has been abandoned. A processing pause is not a denial. Your case remains pending, and you should continue to maintain your application and be prepared for your interview when it is eventually scheduled.

2. The 14-Day Evidence Deadline for Asylum (Effective March 30, 2026)

What Is Happening?

What This Means for You

This rule change fundamentally alters how asylum cases need to be prepared:

• You must have your evidence ready before you file. Do not file your I-589 and then start gathering evidence. By the time you file, your country condition reports, personal declaration, affidavits, medical records, and other supporting documents should already be compiled and organized.
• Working with an attorney is more important than ever. An experienced asylum attorney in San Diego or Los Angeles can help you build your evidentiary package before filing so you can meet the 14-day deadline.
• Late evidence may not be considered. While there may be limited exceptions, the general expectation is that evidence submitted after the 14-day window will not be admitted. This makes early preparation essential.
• If you are already preparing an asylum case, accelerate your evidence gathering now. Do not wait until March 30 to start. Get your evidence ready well in advance of that date.

3. New $102 Annual Fee for Asylum Applicants

What Is Happening?

USCIS has introduced a $102 annual registration fee for certain asylum applicants with pending cases. This is a new cost that did not exist in previous years. The fee is assessed annually while your asylum case remains pending.

What This Means for You

• If you have a pending asylum case, you may be required to pay this fee annually. Check with your attorney or USCIS to confirm whether the fee applies to your specific case.
• Fee waivers are available. If you cannot afford the $102 fee, you may request a fee waiver by demonstrating inability to pay. Your attorney can help you prepare and submit a fee waiver request.
• Failure to pay may affect your case. If the fee applies to you and you do not pay or obtain a waiver, it could have negative consequences for your pending application. Do not ignore fee notices from USCIS.

4. Expanded Entry Restrictions and Enhanced Security Screening

What Is Happening?

The federal government has expanded entry restrictions and enhanced security screening procedures at ports of entry and within the immigration system more broadly. These changes include:

• Expanded use of expedited removal: The government has broadened the circumstances under which individuals can be placed into expedited removal proceedings, which allow for rapid deportation without a full hearing before an immigration judge.
• Enhanced vetting and screening: Additional background checks and screening procedures have been implemented for certain visa categories and for individuals entering the United States.
• Increased CBP One app restrictions: The CBP One app, which was used to schedule appointments for asylum processing at the southern border, has been subject to changing availability and restrictions.
• Tighter standards for credible fear interviews: Individuals placed into expedited removal who express a fear of returning to their home country undergo a “credible fear” interview. Standards for passing these interviews have been tightened, making it harder for some asylum seekers to pass the initial screening threshold.

What This Means for You

Understanding your legal rights and defenses is critical in the current enforcement environment

5. I-9 Audit Enforcement Ramp-Up

What Is Happening?

Immigration and Customs Enforcement (ICE) has significantly ramped up I-9 audit enforcement in 2026. I-9 audits target employers to verify that they have properly completed Form I-9 (Employment Eligibility Verification) for all employees and that their workers are authorized to work in the United States.

When ICE conducts an I-9 audit, it can result in:

• Fines against employers for technical violations or knowingly hiring unauthorized workers
• Identification of workers who are not authorized to work in the United States
• Potential worksite enforcement actions, including arrests

What This Means for You

6. 33 New Immigration Judges and the 3.2 Million Case Backlog

What Is Happening?

The Executive Office for Immigration Review (EOIR), which oversees the nation’s immigration courts, has appointed 33 new immigration judges as part of an effort to address the staggering case backlog. As of early 2026, there are over 3.2 million pending cases in the immigration court system nationwide.

Despite the addition of new judges, the backlog continues to grow. The number of new cases entering the system outpaces the courts’ ability to resolve them.

California’s Court Backlog

California has some of the most backlogged immigration courts in the country. Courts in Los Angeles, San Francisco, and San Diego handle enormous caseloads, and the average wait time for a hearing can be several years.

The appointment of new judges may help at the margins, but it is unlikely to produce dramatic improvements in the near term given the scale of the backlog.

What This Means for You

• If you have a case in immigration court, expect long wait times. It is not unusual for cases in California immigration courts to take three to five years or longer to reach a final hearing.
• Use the waiting time productively. Gather evidence, maintain your legal status and work authorization, keep your address current with both USCIS and the immigration court, and stay in regular contact with your attorney.
• Do not miss your court dates. Even if your case has been pending for years, missing a scheduled hearing can result in an order of removal (deportation order) being entered against you in your absence. EOIR sends hearing notices to the address on file, so make sure your address is always current.
• New judges may mean changes in case outcomes. Each judge has their own approach and grant rates. If your case is reassigned to a new judge, your attorney should research that judge’s decision patterns and adjust strategy accordingly.
• If you have a case in San Diego, Los Angeles, or San Francisco immigration court, an experienced immigration attorney who regularly practices in those courts will be familiar with the judges, court procedures, and local practices.

7. California SB 281: Immigration Advisement in Criminal Courts

What Is Happening?

California Senate Bill 281 (SB 281) is a state law that strengthens the immigration advisement requirements in California criminal courts. Under SB 281, criminal court judges are required to provide more specific and meaningful advisements to defendants about the immigration consequences of criminal convictions.

This builds on the landmark U.S. Supreme Court decision in Padilla v. Kentucky (2010), which held that criminal defense attorneys have a constitutional obligation to advise their clients about the immigration consequences of guilty pleas.

Why This Matters

Many immigrants have been convicted of crimes without understanding the immigration consequences, only to learn later that their conviction makes them deportable or bars them from obtaining immigration benefits.

What This Means for You

• If you are a non-citizen facing criminal charges in California, you must understand the immigration consequences before entering a plea. SB 281 requires the court to advise you, but do not rely solely on the court’s advisement. You should also consult with an immigration attorney who can analyze the specific immigration consequences of the charges you face.
• If you have a past criminal conviction and are now seeking immigration benefits, the conviction may affect your eligibility. An experienced immigration attorney in San Diego or Los Angeles can evaluate how your criminal history affects your immigration options and whether post-conviction relief (such as expungement, reduction of charges, or vacatur) may help.
• If you were convicted without being properly advised of immigration consequences, you may be able to challenge your conviction under California Penal Code Section 1473.7, which allows non-citizens to file a motion to vacate a conviction that was entered without a full understanding of its immigration consequences.

8. Other Notable 2026 Immigration Developments

Increased ICE Enforcement in Communities

ICE has increased enforcement operations in communities across the country, including in California. While California’s SB 54 (the California Values Act) limits state and local law enforcement cooperation with ICE, federal officers can still conduct operations on their own authority.

DACA Uncertainty

The Deferred Action for Childhood Arrivals (DACA) program remains in legal limbo. While some DACA holders continue to receive renewals, new initial applications have been blocked by court orders. If you are a DACA holder, continue to file for renewal well in advance of your expiration date and consult with an attorney about your long-term options.

TPS Designations

Temporary Protected Status (TPS) designations continue to shift, with some countries seeing extensions and others facing termination of TPS. If you hold TPS, monitor your country’s designation closely and file for re-registration during the designated registration period.

What This All Means for You: Actionable Next Steps

The immigration changes happening in 2026 are significant, but they do not mean you are without options. Here are concrete steps you can take to protect yourself and your family:

1. Consult with an Immigration Attorney

If you have not spoken with an immigration attorney recently, now is the time. The legal landscape is shifting rapidly, and an experienced attorney can help you understand how the changes affect your specific situation and what steps you should take.

Whether you need to discuss an asylum case, a VAWA self-petition, a pending green card application, or any other immigration matter, professional guidance is essential in this environment.

2. Update Your Address with USCIS and the Immigration Court

This sounds simple, but it is one of the most important things you can do. If USCIS or the immigration court sends you a notice and it goes to the wrong address, you could miss a critical deadline, interview, or hearing. File Form AR-11 with USCIS whenever you move, and file a change of address with the immigration court if you have a pending case.

3. Gather and Organize Your Immigration Documents

4. Renew Work Authorization Early

If you have an EAD that is expiring, file for renewal as early as possible. Current USCIS processing times for EAD renewals can be many months, and you do not want to be unable to work while waiting for your renewal to be processed.

5. Know Your Rights

Familiarize yourself with your rights under both federal and California law:

• You have the right to remain silent when questioned by immigration officers
• You have the right to an attorney in immigration proceedings (though the government does not provide one for free in most cases)
• California’s SB 54 limits state and local law enforcement cooperation with ICE
• California’s AB 450 requires employers to notify you before federal immigration inspections and restricts employer cooperation with ICE in the workplace
• You cannot be discriminated against based on your immigration status in housing, employment, or public services under California law

6. Create a Family Emergency Plan

Given the increased enforcement environment, families with mixed immigration status should have an emergency plan in place. This plan should include:

• Power of attorney documents designating who will care for your children if you are detained
• Contact information for an immigration attorney
• Copies of important documents stored in a safe, accessible location
• A plan for how family members will communicate if someone is detained
• Information about your rights and what to do if ICE comes to your home or workplace

7. Stay Informed

Immigration law is changing rapidly. Follow updates from reliable sources, including:

• USCIS official website (uscis.gov)
• American Immigration Lawyers Association (AILA)
• National Immigration Law Center (NILC)
• California Immigrant Policy Center (CIPC)
• Your immigration attorney

Do not rely on social media or word-of-mouth for immigration legal information. Misinformation can lead to costly mistakes.

8. If You Are Eligible for Immigration Benefits, Apply Now

If you qualify for a green card, naturalization, VAWA, asylum, or another immigration benefit, do not wait. The immigration system is becoming more restrictive, and benefits that are available today may be harder to access in the future. An attorney can evaluate your eligibility and help you file a complete and well-prepared application.

Our experienced team stays current on every policy change to give you the most accurate advice possible

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and changes frequently. The information in this article reflects the law and policy as of February 2026 and may not reflect subsequent changes. Every case is different, and the outcome of your case will depend on your specific facts and circumstances. Reading this article does not create an attorney-client relationship with Bueno Immigration or any of its attorneys. If you need legal advice about your immigration situation, please contact a qualified immigration attorney.