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Where this applies
Federal changes apply across the U.S. unless a court order is limited to a place or group. California changes apply in California.
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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?

What new fees, fines and rules are there?

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?

  1. Find out if you have a case or an old order. Call 1-800-898-7180 with your A number (EOIR).
  2. Get a free legal screening, even if you think nothing applies to you. Many people qualify for something they did not know about.
  3. Gather two years of proof that you live here.
  4. Make a family plan for children, money and papers. See Make a family preparedness plan.
  5. Save your county's rapid response number in your phone.
  6. 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.

The rules changed. Your rights and your community did not. Take one step this week.

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