This page explains what changed and links to the pages that tell you what to do. It is general information, not legal advice. We checked every item on October 21, 2026. Rules are moving, so check the date at the top.
What did not change?
Start here, because it matters most. You still have the right to stay silent. You still do not have to open your door unless agents show a warrant signed by a judge. You can still refuse to sign papers before you talk to a lawyer. And you still have the right to a lawyer in immigration court, though not one paid for by the government. Read Your rights if immigration agents come and carry a red card.
Who is ICE arresting now?
Anyone ICE sees as removable. On January 20, 2025, the President signed Executive Order 14159. It tells agencies to enforce immigration law "against all inadmissible and removable aliens," revokes the 2021 order that set narrow priorities, and tells agencies to revoke policies built on it (EO 14159). In practice, a clean record no longer keeps someone off the list.
The same order makes failing to register a civil and criminal enforcement priority, orders collection of all fines, and pushes for more agreements that let local police do immigration work (287(g)) (EO 14159).
People leaving jail or prison. California's prison system reports that from January to July 2026, ICE picked up 901 of the 1,036 people released with an ICE detainer, about 87% (CDCR). See Will ICE pick me up when I leave a California jail or prison?.
People merely charged with some crimes. The Laken Riley Act, signed January 29, 2025, requires detention without bond for some people who were not admitted and are charged with, arrested for, convicted of, or admit theft, shoplifting, burglary, assault on an officer, or crimes causing death or serious injury (8 U.S.C. 1226(c)(1)(E)). An arrest alone can trigger it.
People with old ICE warrants. The Immigrant Legal Resource Center reports that in February 2025, the government put more than 700,000 ICE administrative warrants into the FBI's national police database (ILRC, July 2025). In California, local police still may not arrest anyone on those civil warrants (Gov. Code 7284.6).
People whose applications are denied. Since February 28, 2025, USCIS issues a Notice to Appear after many denials when the person is not lawfully present. DACA is the main exception (USCIS PM-602-0187).
Does prosecutorial discretion still help?
You can still ask. Do not count on a yes. Prosecutorial discretion means ICE choosing not to arrest, detain or deport someone, or agreeing to close or dismiss a case. ICE's lawyers' office (OPLA) still has a page that says it reinstated its 2022 discretion memo (the Doyle memo) in full on July 28, 2023, and explains how to send a request, with no fee, to the local OPLA office (ICE OPLA, read October 21, 2026). That page shows no update date. But Executive Order 14159 told agencies to revoke guidance based on the earlier orders, and the order's own policy is enforcement against everyone removable (EO 14159).
USCIS said on May 8, 2026 that it treats deferred action as an "extraordinary" use of discretion, decided case by case and not for groups (USCIS Policy Manual updates).
What this means for you: a request is worth making only with a lawyer who knows your local office. Strong requests show long ties here, U.S. citizen children, health needs, a clean record or a pending application. A dismissal is not always good news. If ICE asks to dismiss your court case, call a lawyer before you agree: it can end a work permit tied to the case.
Where can ICE make arrests now?
- Churches, schools and hospitals: on January 20, 2025, DHS rescinded the 2021 "protected areas" policy. ICE now decides case by case (ICE). A federal appeals court kept the older rule in place only for the specific houses of worship that sued. See Can ICE arrest me at a courthouse, hospital or church?.
- Courthouses: a federal court in San Jose vacated ICE's 2025 courthouse arrest policies on June 23, 2026 (Pablo Sequen v. Albarran order). A New York court struck down ICE's immigration court arrest policy nationwide on September 30, 2026, per the ACLU. California sued on October 15, 2026 over arrests at state courthouses; that is a news report so far.
- Homes: a May 12, 2025 ICE memo says officers may force entry to arrest someone with a final removal order using an ICE form (I-205), not a judge's warrant. On May 8, 2026, the DHS Secretary said the practice was paused but the memo was not canceled (DHS letter). We found no later official update.
- Streets: on September 8, 2025, the Supreme Court paused a Los Angeles court order that had limited roving stops there (Supreme Court).
Can people still get out on bond?
Fewer can, and the law is being decided right now. On September 5, 2025, the Board of Immigration Appeals said judges cannot give bond to people who entered without inspection (Matter of Yajure Hurtado). On July 30, 2026, the Ninth Circuit, which covers California, ruled that many people arrested inside the country can get a bond hearing (Rodriguez Vazquez v. Bostock). On October 1, 2026, the Supreme Court agreed to decide the question in No. 26-104 (docket). See How to get someone out of immigration detention on bond.
Can I be deported without seeing a judge?
Yes, in more cases than before. In January 2025, DHS expanded expedited removal to people anywhere in the country who were not admitted or paroled and cannot prove two years in the U.S. On June 23, 2026, a federal appeals court lifted the order that had paused the expansion (Make the Road New York v. Mullin). The challengers asked the full court to rehear the case on July 27, 2026; no ruling has been reported. Keep proof that you have lived here two years or more with you or with someone you trust: leases, pay stubs, school or medical records. See Can I be deported without seeing a judge?.
What happened to TPS, parole and DACA?
- TPS: DHS ended TPS for several countries, including Venezuela, Honduras, Nicaragua and Haiti. Some endings are still in court. Check your country on Which countries have TPS now and how to renew.
- CHNV parole: DHS ended the parole programs for Cubans, Haitians, Nicaraguans and Venezuelans on March 25, 2025 (Federal Register). See I got a notice ending my parole.
- DACA: renewals continue. See the DACA hub.
What new fees, fines and rules are there?
- Registration: a 2025 rule requires many people who never registered to file Form G-325R online. A final rule took effect June 29, 2026 (Federal Register). See Do I have to register under the 2025 rule?.
- Civil fines: DHS revived fines for failing to leave after a removal order. As of July 2026 it had issued more than 103,000 fines (CRS, August 31, 2026).
- New fees under H.R. 1 (July 4, 2025): asylum, TPS, parole and work permit fees went up, and many cannot be waived (Federal Register).
- Data sharing: the IRS, Medicaid and other agencies have shared or been asked for data. See Can ICE get my information from the DMV, police, cameras or other agencies?.
- Court location: San Francisco Immigration Court closed September 4, 2026. Cases moved to Concord (EOIR).
What changed in California?
- Schools and clinics: 2025 laws limit agents in nonpublic areas of K to 12 schools, colleges and publicly funded health care sites without a judicial warrant or court order.
- Work: employers must give a yearly rights notice and call your emergency contact if you are detained at work.
- DMV: SB 169 (July 13, 2026) limits what the DMV shares through a national license system (SB 169).
- Masks and ID: courts have blocked California's mask law and officer ID law as applied to federal agents, for now (Ninth Circuit, October 14, 2026).
- Local police: the Values Act still limits how California police help ICE (Gov. Code 7284.6). See Does California law stop local police from helping ICE?.
What should I do now?
- Find out if you have a case or an old order. Call 1-800-898-7180 with your A number (EOIR).
- Get a free legal screening, even if you think nothing applies to you. Many people qualify for something they did not know about.
- Gather two years of proof that you live here.
- Make a family plan for children, money and papers. See Make a family preparedness plan.
- Save your county's rapid response number in your phone.
- Avoid anyone selling a fix. New rules bring new scams. See Warning signs of an immigration scam.
Questions people ask
Is it safer to stay home all the time? Your rights are the same everywhere, and you need to work, see a doctor and take children to school. A plan does more than hiding. Learn the steps for home, work and the street or car.
Does a pending application protect me from arrest? Not by itself. Ask a lawyer what your filing does and does not do.
Should I sign up for the government's self deportation app? DHS announced a stipend and other terms in January 2026, and they can change. Leaving can trigger bars to coming back. Talk to a lawyer first. See Checklist before leaving the United States.
How do I know this page is still right? Check the date at the top. If what you hear does not match, ask a lawyer.
Who can help?
Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
- Anywhere in the United States: the DOJ List of Pro Bono Legal Service Providers
- Anywhere in California: your county's line on the CCIJ rapid response list (updated February 3, 2026)
- San Mateo and Santa Clara county residents: Community Legal Services in East Palo Alto, 650-326-6440 (CLSEPA)
- San Mateo County residents: Immigration Institute of the Bay Area, Redwood City, free first consultation, (650) 587-1558 (IIBA)
- More: Free legal help in the Bay Area
The rules changed. Your rights and your community did not. Take one step this week.
Sources
- Executive Order 14159 (Federal Register, January 29, 2025) checked October 21, 2026
- ICE OPLA, prosecutorial discretion checked October 21, 2026
- USCIS Policy Manual updates checked October 21, 2026
- CDCR, interaction with ICE (updated August 6, 2026) checked October 21, 2026
- 8 U.S.C. 1226 (Cornell LII) checked October 21, 2026
- ILRC, NCIC and ICE warrants explainer (July 2025) checked October 21, 2026
- Government Code 7284.6 checked October 21, 2026
- USCIS PM-602-0187 (February 28, 2025) checked October 19, 2026
- Pablo Sequen v. Albarran, N.D. Cal., June 23, 2026 order (CourtListener) checked October 19, 2026
- ACLU, African Communities Together v. Lyons announcement checked October 19, 2026
- ICE, protected areas checked October 19, 2026
- DHS Secretary letter of May 8, 2026 checked October 18, 2026
- Supreme Court, Noem v. Vasquez Perdomo, No. 25A169 checked October 18, 2026
- Matter of Yajure Hurtado (BIA 2025) checked October 19, 2026
- Rodriguez Vazquez v. Bostock (9th Cir. July 30, 2026) checked October 19, 2026
- Supreme Court docket No. 26-104 checked October 21, 2026
- CHNV termination notice (Federal Register, March 25, 2025) checked October 19, 2026
- Registration final rule (June 29, 2026) checked October 19, 2026
- CRS IN12733, civil fines (August 31, 2026) checked October 19, 2026
- H.R. 1 fee notice (Federal Register 2025-13738) checked October 19, 2026
- EOIR, Concord Immigration Court checked October 19, 2026
- EOIR automated case information checked October 19, 2026
- SB 169 (2026), chaptered text (LegiScan) checked October 18, 2026
- Ninth Circuit No. 26-926 (October 14, 2026) checked October 18, 2026
- San Mateo County rapid response checked October 21, 2026
- CCIJ rapid response list checked October 21, 2026
- CLSEPA contact checked October 18, 2026
- IIBA Redwood City checked October 21, 2026
- DOJ EOIR pro bono list checked October 18, 2026
