A leading U.S. immigration lawyer is warning immigrants and legal practitioners to brace for a tougher, slower and less forgiving immigration system in 2026, citing emerging policy signals and enforcement trends already visible in 2025.
Akua Poku, principal attorney at AK Poku Law and a U.S.-based immigration specialist, says the coming year is likely to bring system-wide delays, increased scrutiny of applications, faster denials for technical errors, and more aggressive enforcement actions, particularly affecting immigrants without lawful status or with unresolved issues in their records.
In a recent public briefing, Poku described 2026 as a year that will “reward diligence, preparation, speed, accuracy and organisation,” while penalising incomplete filings and procedural missteps.
Anticipated Delays and Backlogs
According to Poku, applicants should expect longer processing times across nearly all immigration benefits, including petitions that previously moved relatively quickly. She attributes this to expanded file reviews, additional interviews, and agencies revisiting cases more frequently.
Immigration courts, she added, are also likely to face deepening backlogs, driven by policy changes, judicial turnover, and rules that send more denied applications directly into removal proceedings. As a result, many noncitizens could wait significantly longer for hearings or final decisions.
Heightened Scrutiny by USCIS
Poku predicts a rise in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) from U.S. Citizenship and Immigration Services (USCIS), placing a heavier evidentiary burden on applicants from the outset.
“Applicants should expect more follow-up questions, more documentation requests, and fewer opportunities to correct mistakes later in the process,” she cautioned.
She also warned that cases with missing documents, late filings, or technical deficiencies may face rapid denials, rather than the discretionary flexibility previously exercised by adjudicators.
Narrower Use of Discretion
Another major shift, Poku says, will be the reduced use of favourable discretion in immigration adjudications. Errors that once resulted in warnings or opportunities to cure deficiencies may instead lead directly to denials.
This change could significantly affect family-based petitions, employment-based filings, and humanitarian applications where discretion traditionally plays a central role.
ICE Enforcement Expected to Intensify
Beyond the application process itself, Poku forecasts a more assertive enforcement posture by U.S. Immigration and Customs Enforcement (ICE). She points to increased follow-up on old removal orders, heightened scrutiny of status lapses, and closer examination of unresolved issues in immigration histories.
“Any outdated or unresolved issue in a file is more likely to trigger enforcement attention,” she warned.
Early Termination of Asylum Cases
Poku also highlighted a growing trend toward early judicial review of asylum applications, where judges may dismiss cases and order removal without a full hearing if filings fail to meet eligibility standards or are incomplete.
This development, she said, makes strong, comprehensive filings at the earliest stage critical, as applicants may no longer have a second opportunity to supplement weak claims.
A Year for Precision
While Poku stated that these developments are projections rather than formal policy announcements, she noted that they align closely with patterns already emerging in 2025.
Her overall message to immigrants and legal professionals alike: 2026 will not be a year to take shortcuts or ignore unresolved immigration issues.
