What State Lawmakers Can Do to Protect Immigrants: Privacy, Public Safety, and Detention Reform

Published: July 28, 2026

What State Lawmakers Can Do to Protect Immigrants: Privacy, Public Safety, and Detention Reform The American Immigration Council is a non-profit, non-partisan organization. Sign up to receive our latest analysis as soon as it's published.

Written by Alimatou Sarr, State & Local and Policy Intern

From Maryland to Utah, state legislators have an important role to play in shaping how local immigrant communities are impacted by federal immigration policies. Many state leaders have met emerging issues head on to address the needs of their constituents.

In 2026 alone, the American Immigration Council has tracked over 700 immigrant and immigration-related bills across the country. The flurry of bills is understandable given the Trump administration’s focus on immigration enforcement and near-constant federal policy changes. All this has made it harder for lawmakers and the public to keep up with a complex area of policy that has only grown more confusing.

State legislators have, historically, not been required to develop a deep understanding of federal immigration policy—an extraordinarily complex and evolving area of law. However, under the second Trump administration, constituents are increasingly calling on state and local officials to protect community members from harmful immigration enforcement tactics, forcing many of them to step into this effort.

Fortunately, state legislators have options and resources to help them better understand the immigration landscape, explore policies that have been successfully enacted in other states, and apply new approaches to mitigate the risk to communities from immigration enforcement. Here are some of the efforts that have developed at the state and local level:

Protecting Data Privacy

Since the start of the second Trump administration and its aggressive pursuit of data to aid immigration enforcement, renewed attention has been placed on protecting immigrants’ data —including data sharing agreements between state and local governments and the federal government. States across the country have advanced policies that would restrict the kinds of data that may be shared and what criteria must be met to share information — like a court order or a judicial warrant, and whether there is a need to collect immigration or citizenship-related data in the first place.

In New Mexico, lawmakers have enacted the Driver Safety and Privacy Act to regulate the use of automatic license plate readers and limit the use of license plate data for immigration enforcement. In Oregon, the state enacted SB 1570 to safeguard sensitive locations and restrict the collection of immigration status data by hospitals. These policies are especially important as advocates worry that sharing license and vehicle registration information or Medicare enrollment data without guardrails could leave community members exposed to immigration enforcement.

Limiting Detention

The escalation of detention and deportation has shocked community members and turned vulnerable groups away from everyday activities like going to school or working in the vital industries that support communities. In fact, data shows ICE is far from targeting “the worst of the worst,” and that most of the individuals arrested and detained by ICE have no criminal conviction. From January 2025 to April 2026, over 458,000 people were arrested by ICE and over 60,000 were held in detention in April 2026. The administration has also recently issued calls for ICE to reach 2,000 arrests a day — an increase from 300 a day in 2024.

As the Trump administration’s mass deportation efforts continue to unfold — increasingly targeting a broader swath of immigrants — state lawmakers are vital to protecting community safety, due process, and the livelihoods of their immigrant community members. This work can take various forms, from strengthening communication and outreach for at-risk groups in Oregon, to modeling Vermont’s efforts to increase access to legal services, or Hawaii’s policy that limits state and local participation in immigration detention and Colorado’s policy mandating public health inspections of facilities housing noncitizens.

Maintaining Public Trust and Safety

Aggressive immigration enforcement and state and local collaboration with federal efforts have a tendency to erode trust between communities and local law enforcement. For example, an increase in 287(g) agreements, which enable state and local police to conduct immigration arrests and detain noncitizens, can turn some community members away from seeking help when they need it most.

In Michigan, two municipalities’ 287(g) agreements and subsequent reversals show that communities value public safety, but not at the expense of vulnerable populations. Maryland, New Mexico, and Hawaii enacted legislation that prohibits public employees from entering agreements with ICE. New Jersey also enacted legislation that addresses profiling by restricting officers from conducting arrests or searches based on an individual’s real or perceived citizenship status.

What’s Next?  

Immigration policies and practices under the current administration are likely to continue evolving rapidly. Meanwhile, the number of people encountering immigration enforcement grows — one out of every three Americans report knowing someone impact by federal immigration enforcement.

In fact, the fear of encountering U.S. Immigration and Customs Enforcement (ICE) has shaped everyday behaviors, with 25% of American adults and 48% of Hispanic adults reportedly carrying proof of immigration status or U.S. citizenship due to heightened enforcement activity.

Though the work to understand and respond to this moment can appear daunting, state lawmakers have a clear role in protecting their immigrant community members and affirming the participation of immigrants in daily life.

These resources from the Council can help state lawmakers build their understanding of the U.S. immigration landscape, what’s at stake, and how they can stand up for their immigrant constituents:

Related Resources

Map The Impact

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Our Map the Impact tool has comprehensive coverage of more than 100 data points about immigrants and their contributions in all 50 states and the country overall. It continues to be widely cited in places ranging from Gov. Newsom’s declaration for California’s Immigrant Heritage Month to a Forbes article and PBS’ Two Cents series that targets millennials and Gen Z.

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