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Explosive spending, ugly ads and courtroom battles set stage for tense midterm elections

King County, Washington, election workers dump out a bin full of ballots from a local drop box to sort ahead of the midterm election on Oct. 29, 2026, in Renton, Washington. (Photo by Jake Goldstein-Street/Washington State Standard)

King County, Washington, election workers dump out a bin full of ballots from a local drop box to sort ahead of the midterm election on Oct. 29, 2026, in Renton, Washington. (Photo by Jake Goldstein-Street/Washington State Standard)

WASHINGTON — When the polls close Tuesday night, the 2026 U.S. election will go down as one of history’s most expensive and extraordinarily ugly midterms — galvanizing record-breaking early voter turnout among a deeply divided electorate.

Voters on Saturday crossed the high-water mark of 52.7 million early votes cast, surpassing the midterm record set in 2022, though analysts were reluctant to translate it into a Democratic wave on the way.

Meanwhile, President Donald Trump’s Department of Justice continued to run into a firewall of federal judges, losing its previous cases to take over mail-in balloting and obtain state voter rolls in advance of the midterms. The Trump DOJ actions nonetheless rattled state officials who hold the constitutional responsibility to conduct their elections.

“My hope is that this trend will continue and that our worst-case scenarios don’t come to fruition,” former Kentucky Secretary of State Trey Grayson told States Newsroom.

A federal appeals court on Friday denied Trump’s efforts to force state officials to quarantine up to 20,000 voter ballots. The department continues to pursue its preemptive lawsuit against Alaska’s U.S. Senate race results, depending on who wins. 

When asked by reporters Tuesday if he’ll accept a Democratic victory, Trump said, “I will, if they’re honest elections,” refusing to rule out federal interference feared by Democratic critics.

President Donald Trump gestures to the crowd at a rally in Dalton, Georgia, on Oct. 16, 2026. (Photo by Ross Williams/Georgia Recorder)
President Donald Trump gestures to the crowd at a rally in Dalton, Georgia, on Oct. 16, 2026. (Photo by Ross Williams/Georgia Recorder)

Trump insisted in September that his supporters “pretend” he is on the ballot, as his base has turned out in higher numbers during presidential elections to vote for him. “When I’m on the ballot, we kill everybody,” he said at his midterm convention in Texas. 

He also promised a $5,000 “Trump dividend” to voters if Republicans retained congressional majorities.

With GOP control of the House and Senate during the last two years of the Trump presidency in play, campaigns are on track to shell out $11.6 billion on ads, according to the firm AdImpact. The hard-fought Ohio and Texas Senate races led the way in spending. 

Democrats need to net four seats to control the Senate, while Republicans hold a narrow majority in the House.

Campaign advertising hit a low point when Ohio Republican gubernatorial candidate Vivek Ramaswamy aired a $4 million ad in which the estranged mother of his Democratic opponent, Amy Acton, called Acton “a liar.” 

The woman, Donna Arthur, has not been in communication with her daughter since the late 1970s, when court records show she lost custody and fled the state with her husband, Acton’s stepfather, after he was indicted for raping Acton.

Ramaswamy’s campaign pulled the ad Friday, roughly 10 days after it began to circulate. The ad drew outcry including from outgoing Republican Ohio Gov. Mike DeWine, though both Trump and Vice President JD Vance defended it.

Voters feel punished by cost of living

While ugliness punctuated the campaign season, poll after poll revealed the cost of living remains the top motivator for voters — including fuel prices and the cost of food and everyday goods that have been driven up by Trump’s war with Iran and an erratic tariff policy. 

Indiana fuel prices spike again on Oct. 24, 2026. (Photo by Niki Kelly/Indiana Capital Chronicle)
Indiana fuel prices spike again on Oct. 24, 2026. (Photo by Niki Kelly/Indiana Capital Chronicle)

“It ranks as one of the most important issues for over 80% of voters, and the majority of the electorate disapproves of Trump’s handling, not just of the economy in general, but of cost of living,” economist and former Biden White House economic adviser Jared Bernstein said Tuesday, during a virtual press briefing organized by the Democrat-aligned advocacy group Defend America Action.

The GOP also risks losing Latino support on account of the administration’s dragnet immigration enforcement tactics that have targeted legal immigrants, as well as U.S. citizens, and have ended in injury or even death on multiple occasions.

María Isabel Di Franco Quiñonez of Equis, a Latino-focused research firm, surveyed 900 Latino voters across seven battleground states and found sinking support for and trust in Republicans.

“The clearest finding was that voters want both responsible enforcement and generosity towards immigrants,” she said. “They want a controlled border, enforcement focused on criminals and a pathway to legalization.”

Trump ratings

Trump’s sagging approval ratings have dogged Republican midterm candidates, giving a major boost to Democrats’ chances of flipping the House — a tried and true pattern for midterm elections — and increasing the competitiveness of several U.S. Senate races.

“Given that the president’s not on the ballot, (voters) have no other place to take out their frustration or disappointment or anger, aside from candidates of the president’s party,” said David Dulio, a distinguished professor of political science at Oakland University in Michigan. The state is the site of one of the nation’s most vitriolic U.S. Senate races, between Democratic nominee Abdul El-Sayed and former Republican U.S. Rep. Mike Rogers.

U.S. Senate candidate Abdul El-Sayed speaks to Democratic supporters at a unity rally held at Renaissance High School in Detroit on Aug. 7, 2026. (Photo by Ben Solis/Michigan Advance)
U.S. Senate candidate Abdul El-Sayed speaks to Democratic supporters at a unity rally held at Renaissance High School in Detroit on Aug. 7, 2026. (Photo by Ben Solis/Michigan Advance)

Democrats are reaching for command of the upper chamber, and if the final prognosticators and polls are correct, they could stand a chance in Republican strongholds. 

Major forecasts and pollsters more strongly favor Democrats to take the House, though some experts observe that years of gerrymandering, including Republicans’ mid-decade redistricting, combined with entrenched polarization could stunt the crest of a so-called blue wave. 

Several Republican-led state legislatures, including those in Alabama, Florida, Louisiana, North Carolina, Tennessee and Texas, split majority Black voter districts after a U.S. Supreme Court decision last year struck down protections that were enshrined in the Voting Rights Act.

“I hesitate to say that Republicans are going to lose control of both houses, or Trump is going to be totally hamstrung by this blue wave. The polling has been so shaky in prior election cycles,” said Rob Glover, associate professor of political science at the University of Maine, where longtime Republican Sen. Susan Collins is fighting to keep her seat against Democratic challenger Troy Jackson.  

“But if I was a Republican operative or strategist, I would be concerned,” he said. 

Senate races

As of Friday, The Cook Political Report with Amy Walter, a nonpartisan forecaster, rated Alaska, Iowa, Kansas, Maine, Michigan, Ohio and Texas as toss-up U.S. Senate races. The University of Virginia’s Sabato’s Crystal Ball categorized Alaska as a possible flip.

Inside Elections, another nonpartisan forecaster, projected Thursday that Democrats would gain enough seats to reach at least a 50-50 split Senate, ranking Michigan, New Hampshire, Ohio and Texas as tilting blue. 

Pollsters have also found Democratic rumblings in time-tested Republican bastions. 

Wednesday’s New York Times/Siena poll found South Carolina voters, surveyed between Oct. 19 and Oct. 26, evenly split between Republican nominee Darline Graham, who is running to fill the seat of her late brother Sen. Lindsey Graham, and her Democratic challenger Annie Andrews, a pediatrician. 

Sen. Darline Graham, R-S.C., speaks at a meeting of the Senate Judiciary Committee on Thursday, July 23, 2026. (Screenshot from committee webcast)
Sen. Darline Graham, R-S.C., speaks at a meeting of the Senate Judiciary Committee on Thursday, July 23, 2026. (Screenshot from committee webcast)

A survey of Kansas voters between Oct. 26 and Oct. 28 by Emerson College Polling found Democratic candidate and pastor Adam Hamilton at 49% over Republican incumbent Sen. Roger Marshall, who polled at 45%. The survey, which asked voters who they would vote for if the election were held today, carried a 3.5 percentage point margin of error.

Trump on Thursday canceled his weekend trip to a rally in Kansas because Marshall is “doing very well,” but reversed his plans by Friday morning and announced he’ll appear in person, as scheduled. 

He similarly flipped on canceling his trip to Iowa to support Republican Rep. Ashley Hinson, who is running against Democrat Josh Turek for U.S. Senate.

While the U.S. House appears to be tipping toward the Democrats, only a small fraction of the races across the U.S. are competitive. The districts include California’s 22nd; Florida’s 14th and 22nd; Iowa’s 2nd; Kentucky’s 6th; Michigan’s 4th, 7th and 10th; Montana’s 1st; New York’s 17th; North Carolina’s 1st; Ohio’s 7th and 9th; Texas’ 15th and 35th; and Virginia’s 1st, according to widely cited prognosticators.

Surge in early voting

Tens of millions of Americans have already marched — some literally —  to the polls, or submitted their mail-in ballots, in the final stretch leading up to Election Day.

Carrie LeVan, a political scientist at Colby College in Maine, said she’s not sure whether the enthusiasm driving early voters will translate into a “wave” election for Democrats, like the 2010 midterm “Tea Party” wave when Republicans regained House control by flipping more than 60 seats.

“There’s a lot of hype and expectation that Democrats are going to perform and have this huge wave this election cycle, and I don’t know — if I’m gonna make a prediction, I don’t think it’s gonna be that big,” she said.

Early voting at Kearny Town Hall in Kearny, New Jersey, on Oct. 24, 2026. (Photo by Anne-Marie Caruso/New Jersey Monitor)
Early voting at Kearny Town Hall in Kearny, New Jersey, on Oct. 24, 2026. (Photo by Anne-Marie Caruso/New Jersey Monitor)

LeVan highlighted this cycle’s rare mid-decade redistricting by Republicans, and then by Democrats, combined with “affective” polarization as obstacles to the size of shifts. The academic term affective polarization, she explained, is not just clinging to your side and your beliefs but rather “how much do I hate the opposition party?” 

“There’s all these things that have changed since the 2010 election, so can we ever have a wave that was as big, even if we’re so dissatisfied with the state of things right now?” she said.

An NRP/PBS News/Marist poll published Tuesday found other possible warning signs for Democrats hoping for a big surge.

The survey found several “key pillar groups” among Democratic voters, including voters under age 45 and voters of color, lagged in enthusiasm to vote in the midterms, while some Republican voter segments gained ground on who is “very closely” monitoring the races.

The poll also found some swing voters turned off by the Democrats’ primary victories for some far-left candidates, including those belonging to the Democratic Socialists of America. 

Democrats are grappling with how to navigate the intraparty divisions, particularly if they gain control of the House.

In the courts

Ahead of Election Day, an array of legal challenges are playing out in federal courts across the country.

The Justice Department wants to require California election officials to set aside the ballots of 20,000 voters it says are suspected noncitizens. The Trump administration doesn’t want those ballots to count unless voters can prove their citizenship. A similar request was also made to officials in Washington state.

Multiple federal judges have already ruled against the DOJ’s California request and the U.S. 9th Circuit Court of Appeals on Friday dealt the Trump administration its third and fourth courtroom losses in less than a week. It’s possible the Trump administration will ask the U.S. Supreme Court to intervene. 

The Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)
The Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

The Justice Department has also issued subpoenas to election officials in California, prompting a new lawsuit that seeks to stop the department from threatening state and local officials with prosecution. In recent days, DOJ lawyers have suggested election officials face “criminal liability” if they count the ballots of noncitizen voters.

In Washington, D.C., a federal judge is weighing whether to issue an order prohibiting the Trump administration from demanding that states set aside the ballots of voters. The judge has promised a decision by Monday.

And in Alaska, the Justice Department is continuing to pursue a preemptive lawsuit that would block the state from certifying the results of its U.S. Senate election if the Republican incumbent loses by less than the votes received by a nonpartisan challenger of the same name that Trump has said is on the ballot to confuse voters. 

The New York Times has reported Democrats helped recruit the spoiler candidate.

Ariana Figueroa, Shauneen Miranda and Jennifer Shutt contributed to this report.

Democrats aiming for control of Congress vow action on healthcare, cost of living, Iran war

House Minority Leader Hakeem Jeffries, D-N.Y., speaks as Senate Minority Leader Chuck Schumer, D-N.Y., looks on during a news conference at the U.S. Capitol on Jan. 8, 2026 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

House Minority Leader Hakeem Jeffries, D-N.Y., speaks as Senate Minority Leader Chuck Schumer, D-N.Y., looks on during a news conference at the U.S. Capitol on Jan. 8, 2026 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — Democrats are touting an ambitious legislative agenda centered on affordability and accountability if they take back the U.S. House or Senate — or both — in November. 

A slew of pressing policy debates are on tap for Democrats, including healthcare, immigration, voting rights, the war in Iran, oversight, education and beyond, as they aim to reverse many of President Donald Trump and congressional Republicans’ actions since January 2025. 

Some issues, while surging to the forefront, likely will provoke internal divisions, such as “Medicare for All,” a movement popular among progressives to extend single-payer national health care to all Americans. 

“Healthcare costs have consistently been at or above other concerns on the public’s affordability worries,” said Liz Hamel, a senior vice president and director of public opinion and survey research at KFF who oversees the nonpartisan health organization’s polling program.

Democrats also are poised to conduct tougher oversight of the Trump administration.

(Photo by Getty Images)
(Photo by Getty Images)

Any legislation from Democrats faces the threat of Trump’s veto, making any legislation without broad bipartisan support almost certain to fail. In addition, Democrats would need a filibuster-proof majority of 60 votes to advance most measures in the Senate.

Democrats remain heavily favored to regain the majority in the House, while Senate races continue to move in the party’s favor, amid Trump’s plummeting popularity, according to the Cook Political Report with Amy Walter, an elections forecaster. Democrats currently hold 47 Senate seats, including two independents who generally vote with the party.

“House Democrats are committed to fighting for an affordable America, lowering the high cost of living, lowering the cost of groceries, lowering the cost of gas, lowering the cost of housing and fighting to make healthcare affordable for every single American,” House Minority Leader Hakeem Jeffries told reporters in September. 

The New York Democrat is in line to become the next speaker — the first Black person to hold that office — if the party clinches control of the lower chamber. 

Jeffries announced five working groups on affordability — housing, healthcare, gas and utilities, groceries and goods, and caregiving — which House Democrats will concentrate on at the beginning of the new Congress. 

The Democratic Party’s campaign apparatus for House races echoed an agenda centered on affordability. 

“House Democrats are going to win the majority because voters know we’re focused on lowering costs, and that’s exactly what we’re going to do when we’re in charge,” Nebeyatt Betre, a Democratic Congressional Campaign Committee spokesperson, said in a statement shared with States Newsroom.

“From ending the war in Iran to lower gas prices, restoring (Affordable Care Act) tax credits to lower health care prices, to rolling back reckless tariffs to lower prices on everything in between, House Democrats’ number one priority will be making life more affordable for working families,” Betre said. 

Sen. Kirsten Gillibrand, chair of the corresponding campaign arm for Senate races, cited healthcare access and affordability as a top priority in a Democratic-led upper chamber. 

“I think the most important issues that I’ve heard from voters is restoring their healthcare, making sure that those cuts to Medicaid get restored, making sure that people can afford healthcare and get access to good, high-quality healthcare,” Gillibrand said in a September interview with States Newsroom and other members of the Regional Reporters Association. 

Dozens of Kentuckians with disabilities and their loved ones and advocates came to Frankfort and pleaded with elected officials to find a way to protect the services they receive through Medicaid waivers, on July 17, 2026. (Photo by Sarah Ladd/Kentucky Lantern)
Dozens of Kentuckians with disabilities and their loved ones and advocates came to Frankfort and pleaded with elected officials to find a way to protect the services they receive through Medicaid waivers, on July 17, 2026. (Photo by Sarah Ladd/Kentucky Lantern)

The New York Democrat, who leads the Democratic Senatorial Campaign Committee, said other major priorities include “trying to fix the problems Trump has created, end the war in Iran” as well as getting “costs of groceries, housing, and healthcare and other everyday costs down.” 

While not a major part of the party’s messaging in the general election, House Democrats are poised to take a harder line with Israel amid the country’s war in Gaza. Jeffries said a measure meant to discourage violence in the West Bank, where Israeli settlements have inflamed tensions, “should be considered” next year, according to The Hill. 

With less than three weeks to go until Election Day on Nov. 3, here’s a closer look at what Democrats want to accomplish in both chambers: 

Anti-corruption, impeachments 

Democrats are all but certain to open investigations into the Trump administration if they gain power over congressional subpoena decisions.

“Our promise to the country in the new Congress is that beginning on Day One, we’re going to hold the crooks accountable,” Jeffries vowed at an Oct. 8 press conference. 

High-ranking Democratic House members say multiple probes are on the table, including Trump’s IRS settlement, brokered by his administration’s Justice Department, which delivered retroactive tax audit immunity for him and two of his sons as well as the creation of an “anti-weaponization” fund.

A federal judge slammed the settlement in a July order prohibiting Trump, his sons Eric and Donald Trump Jr., and the Trump Organization from claiming they reached a “settlement,” and referred Trump’s personal attorneys to the bar for investigations. 

Democrats are also weighing whether the party would attempt to impeach Trump if they take back control of the House. 

The president was impeached twice in the House and acquitted twice in the Senate during prior sessions of Congress. 

Jeffries told PBS Newshour in September “we certainly haven’t ruled anything in, and we haven’t ruled anything out,” when asked about any impeachment proceedings against the president if Democrats regain the majority in the lower chamber. 

President Donald Trump headlines a 2026 midterms rally in Grand Island, Nebraska, on Oct. 5, 2026, at the Nebraska State Fairgrounds with thousands in attendance. (Photo by Zach Wendling/Nebraska Examiner)
President Donald Trump headlines a 2026 midterms rally in Grand Island, Nebraska, on Oct. 5, 2026, at the Nebraska State Fairgrounds with thousands in attendance. (Photo by Zach Wendling/Nebraska Examiner)

Democrats could also try to impeach Defense Secretary Pete Hegseth if they clinch control of the House. 

Outgoing GOP Rep. Thomas Massie of Kentucky introduced eight articles of impeachment against Hegseth in September for the secretary’s handling of the war in Iran.

But House GOP leadership sent the lower chamber home early for its weeks-long campaign break, punting any vote until after the midterms. 

House Democrats will also likely dog the administration’s legally mandated release of files related to the 2019 federal sex trafficking investigation of deceased sex offender Jeffrey Epstein, who kept the company of powerful and wealthy individuals, including Trump.

Trump denies any knowledge of Epstein’s involvement in trafficking girls and young women for sex.

Democrats and Republicans on the House Committee on Oversight and Government Reform opened a months-long probe, subpoenaing documents from the Epstein estate and compelling closed-door testimony from Epstein associates and former Attorney General Pam Bondi. 

Healthcare 

On the healthcare front, House Democrats want to undo the healthcare provisions tucked into a mega tax and spending cut law signed by Trump in July 2025, known as the “One Big Beautiful Bill Act.”  

“Undoing (that law) is the floor, but not the ceiling,” according to a September memo obtained by Politico from Democrats’ affordability working group on healthcare. 

The 84-page memo proposes myriad healthcare policy priorities in the first 100 hours, first 100 days and first year of the next session of Congress, broken down into eight wide-ranging categories. 

“There is broad consensus in the Democratic caucus that the Democratic agenda must both reverse the immediate harms of the administration while also taking bold action to rein in corporate monopolies, invest in a durable healthcare system, and pursue an ambitious path towards universal coverage,” per the memo.  

Hundreds of public workers rallied outside the Statehouse in Trenton, New Jersey, on June 18, 2026, to demand lawmakers rein in rising healthcare costs. (Photo by Dana DiFilippo / New Jersey Monitor)
Hundreds of public workers rallied outside the Statehouse in Trenton, New Jersey, on June 18, 2026, to demand lawmakers rein in rising healthcare costs. (Photo by Dana DiFilippo / New Jersey Monitor)

Part of Democrats’ healthcare agenda includes reversing the GOP’s mega tax and spending cut law’s sweeping Medicaid cuts, which axe roughly $1 trillion in program spending over 10 years and impose new work requirements.

The party is also looking to “permanently restore” the enhanced Affordable Care Act tax credits, which expired in December 2025 and were used by individuals who buy their own health insurance through the Affordable Care Act Marketplace. 

The expiration of those credits has “sharply increased” individuals’ out-of-pocket costs toward premiums, according to KFF. 

The memo also underscores a commitment to “achieving universal coverage” in the first year of the next session of Congress, and mentions the “Medicare for All Act” as one avenue to examine in achieving this ambition. 

The bill would establish a national health insurance program administered under the Department of Health and Human Services. 

Iran war

The costly war in Iran that has caused prices at the gas pump to soar for Americans is a major reason for Trump’s sagging poll numbers, and Democrats, if the House and Senate flip, would likely pass a measure to try to end any further conflict without congressional approval.

The war has cost $40 billion and counting, according to the nonpartisan Congressional Budget Office, and will continue to cost American taxpayers $2 billion to $3 billion per month as the conflict drags on.

The national average price of diesel remains above $6 per gallon in the U.S., according to AAA, as Iranian officials continue to block petroleum products from reaching the global market. 

The national motor club, which monitors daily fuel prices, reported that Americans were paying a national average of $4.33 for a gallon of gasoline as of Oct. 14.

Gas and diesel prices at a station in Silver Spring, Maryland, on Oct. 12, 2026. (States Newsroom photo)
Gas and diesel prices at a station in Silver Spring, Maryland, on Oct. 12, 2026. (States Newsroom photo)

Meanwhile, Democrats’ attempts to rein in Trump’s military campaign in Iran have slowly picked up some Republican support over multiple votes in both chambers.

Senate Democrats have forced 14 War Powers Resolution votes to curb Trump’s unilateral military decisions without input from Congress. The votes are privileged, meaning they can be brought to the floor without the blessing of majority leadership.

The measure has advanced twice in the upper chamber, but the latest attempt to advance a House-passed War Powers Resolution narrowly failed, 49-50. 

House Democrats picked up seven Republicans on Sept. 15 to approve the War Powers Resolution. 

Administration officials contend the War Powers Resolution, established by Congress during the Vietnam War era, is unconstitutional, so it’s unclear what might happen if a resolution were approved. 

Immigration 

To help the president carry out his mass deportation campaign, congressional Republicans used a legislative tool to skirt Democratic support and allocate more than $200 billion for immigration enforcement through two measures. 

With the “One Big Beautiful Bill Act,” more than $170 billion was given to the Department of Homeland Security to hire more immigration agents, expand detention centers and carry out deportations. 

The “Secure America Act” funded Customs and Border Protection and U.S. Immigration and Customs Enforcement until late September 2029, at nearly $70 billion, after Democrats refused to approve funding for DHS following two deadly shootings of American citizens by immigration officials in Minneapolis. 

Though it’s unlikely Democrats will be able to claw any of that funding back even if they take both chambers, there are several avenues they are likely to pursue amid the president’s immigration crackdown. 

The first avenue is oversight and the ability to subpoena Trump officials. Democrats are likely to hold oversight hearings into the deaths of Renee Good and Alex Pretti, who were shot and killed by federal immigration officials in Minneapolis in January. 

Members of both parties on the Senate Homeland Security and Governmental Affairs Committee reached rare bipartisan agreement at a grilling of top Trump immigration officials after the killings. 

Democrats will also likely hold hearings on the scores of U.S. citizens detained by ICE and also shot by federal immigration officers, such as Marimar Martinez, who has already appeared several times before lawmakers as the minority witness for Democrats. 

She was shot in her car five times by Border Patrol agents during the aggressive immigration deportation campaign in Chicago in October 2025 and was labeled a domestic terrorist by DHS. The DOJ dropped charges against Martinez after the Trump administration accused her of using her car as a weapon.

Bypassers stop by a memorial to Johan Sebastián Durán Guerrero, the Biddeford, Maine resident and father who was shot by a U.S. Immigration and Customs Enforcement agent on July 13, 2026. (Photo by Lauren McCauley/ Maine Morning Star)
Bypassers stop by a memorial to Johan Sebastián Durán Guerrero, the Biddeford, Maine resident and father who was shot by a U.S. Immigration and Customs Enforcement agent on July 13, 2026. (Photo by Lauren McCauley/ Maine Morning Star)

Democrats are also likely to continue with oversight at federal facilities that detain immigrants, including the high death toll of immigrants at those detention centers. So far, 61 immigrants have died in ICE detention, which has doubled under the second Trump administration. Democrats have demanded answers from the administration about the deaths, along with concerns about medical neglect at the facilities. 

And even though former Homeland Security Secretary Kristi Noem stepped down earlier this year, Democrats still plan to question some of her decisions while leading DHS, such as a $220 million ad campaign that prominently featured her and the practice of no-bid contracts awarded to her close allies. 

Apart from oversight, Democrats are likely to introduce and pass legislation related to immigration reform, such as creating a pathway to citizenship for immigrants who were stripped of their Temporary Protected Status and for children brought into the country without legal authorization under the Deferred Action for Childhood Arrivals program, or DACA. 

The Trump administration has stripped more than 1 million immigrants of their legal status, and House Democrats, with a handful of Republicans, in April moved to extend TPS for more than 500,000 immigrants hailing from Haiti. 

TPS is granted to nationals who hail from a country deemed too dangerous to return to due to violence, disasters or other destabilizing forces.

In the Senate, Democrats have tried to pass legislation through unanimous consent to grant a pathway to citizenship for TPS recipients, but were blocked by Republicans. If Democrats regain the Senate, they will need a 60-vote majority for that legislation to move ahead. 

Some Democrats in Congress also likely will advocate an end to funding for ICE, but it’s unclear whether that would have enough support to advance.

Voting rights and democracy

Voting rights and democracy are likely to be high priorities for Democrats if they retake one or both chambers of Congress. 

A gerrymandering war egged on by Trump and a U.S. Supreme Court decision this spring that severely weakened the federal Voting Rights Act left Democrats and their base deeply angry and eager for action.

Democrats are likely to again turn to the John Lewis Voting Rights Advancement Act, named after the late civil rights activist and Georgia Democratic Rep. John Lewis. 

Though the U.S. House last passed the measure in 2021, the bill did not advance through the Senate. 

The legislation would seek to restore preclearance, a major provision of the Voting Rights Act that was previously blocked by the Supreme Court in 2013. Preclearance required states and local governments with a history of discrimination to obtain federal permission before making voting changes, and it applied to most Southern states and a handful of others.

A woman raises a fist as protestors march on the Edmund Pettus Bridge in Selma, Alabama as part of the All Roads Lead to the South rally on May 16, 2026. The two rallies, protests against redistricting efforts by southern Republicans, drew over 5,000 people. (Photo by Andi Rice/Alabama Reflector)
A woman raises a fist as protesters march on the Edmund Pettus Bridge in Selma, Alabama as part of the All Roads Lead to the South rally on May 16, 2026. The two rallies, protests against redistricting efforts by southern Republicans, drew over 5,000 people. (Photo by Andi Rice/Alabama Reflector)

“We fight to pass the John Robert Lewis Voting Rights Advancement Act so we can end the era of voter suppression in the United States of America once and for all,” Jeffries said in an August speech.

The renewed focus on the voting rights legislation comes after the Supreme Court in a 6-3 decision in April sharply weakened Section 2 of the 1965 Voting Rights Act. The section prohibits voting practices or procedures that discriminate on the basis of race and other characteristics. 

In 1982, Congress expanded Section 2 to ban voting practices that have a discriminatory effect, whether or not the law was intended to discriminate.

Louisiana had redrawn its congressional map in response to a court order to include a second majority-minority district where a majority of residents are Black. The Supreme Court ruled the new map was an unconstitutional gerrymander.

In response, several Southern states quickly redrew their congressional maps to eliminate majority-minority districts — part of a larger wave of gerrymandering that swept the country over the past two years after Trump initially urged Texas to enact a more GOP-friendly map.

In response, some Democrats are also pushing for gerrymandering reform. At a minimum, some lawmakers want to require states to return to a once-a-decade redrawing process. That was the norm before 2025, and followed the census every 10 years.

Over the summer, the bipartisan House Problem Solvers Caucus unveiled a framework for changes to the redistricting process. The proposal calls for restricting new maps to once a decade, requiring “clear, objective” criteria to draw lines and supporting steps to reduce partisan influence, such as turning to independent commissions to develop district lines.

Education 

Congressional Democrats also want to halt and undo the administration’s ongoing efforts to dismantle the U.S. Department of Education and repeal major education provisions in the GOP’s mega tax and spending cut law.

The department has entered into a series of interagency agreements with other departments that transfer several of its responsibilities to those agencies, including Health and Human Services, Labor, Interior, State, Justice and Treasury. 

If Democrats take back the Senate, Virginia Democratic Sen. Tim Kaine told States Newsroom his first goal in education is to “stop the handoff of critical components of (the Education Department) to other agencies that don’t want them.”

In the most-far reaching of the interagency agreements yet, the department said in June that HHS would administer programs under Education’s Office of Special Education and Rehabilitative Services, while civil rights enforcement under Education’s Office for Civil Rights would be transferred to the DOJ. 

rom left, Olivia Sawyer and Jeremy Bauer-Wolf protest the U.S. Education Department’s mass layoffs during a "honk-a-thon" and rally March 14, 2025, in Washington, D.C. (Photo by Shauneen Miranda/States Newsroom)
From left, Olivia Sawyer and Jeremy Bauer-Wolf protest the U.S. Education Department’s mass layoffs during a “honk-a-thon” and rally March 14, 2025, in Washington, D.C. (Photo by Shauneen Miranda/States Newsroom)

Kaine sponsored a bill, with GOP Sens. Susan Collins of Maine and Lisa Murkowski of Alaska as original co-sponsors, that would block interagency agreements that transfer programs regarding special education, elementary and secondary education, postsecondary education and Native American education. 

That measure advanced out of the Senate Committee on Health, Education, Labor and Pensions in July. 

Sen. Mazie Hirono told States Newsroom “we need to restore federal support for education and how it’s going to look, I mean, clearly we need to support IDEA and support it to a greater extent than we have normally,” pointing to the Individuals with Disabilities Education Act, which guarantees a free public education for students with disabilities.

The Hawaii Democrat is also looking to repeal a national school voucher program baked into the GOP’s mega tax and spending cut law that’s set to launch in early 2027. 

The program allocates up to $1,700 in federal tax credits for people donating to organizations that provide K-12 scholarships, with 31 states having opted in so far. 

Hirono and Arizona Democratic Sen. Mark Kelly, joined by more than two dozen of their colleagues, introduced legislation in April to repeal the program. 

Wisconsin Democratic Rep. Gwen Moore introduced a companion bill in June with Reps. Suzanne Bonamici of Oregon, Maxwell Frost of Florida, Adelita Grijalva of Arizona, Mark Pocan of Wisconsin and dozens more original cosponsors.

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