On February 13, 2026, two major developments from the Department of Homeland Security (DHS) sent ripples through communities and businesses across the United States. The first: New Hampshire Governor Kelly Ayotte released a trove of federal documents detailing a planned immigrant detention center in Merrimack, a project emblematic of the sweeping changes underway in the nation’s immigration enforcement landscape. The second: DHS, in partnership with the Department of Labor, authorized a record 64,716 supplemental H-2B visas for the fiscal year, responding to surging employer demand for temporary foreign labor.
Both moves underscore the profound—and sometimes contradictory—impacts of federal immigration policy in 2026. On one hand, the government is investing billions in new detention infrastructure to expedite deportations. On the other, it’s opening the door for tens of thousands of foreign workers to fill jobs that American businesses say they cannot otherwise staff. It’s a balancing act with high stakes for workers, employers, local economies, and immigrant families alike.
According to documents released by Governor Ayotte, the Merrimack facility is part of a nationwide network of detention centers designed to serve as Immigration and Customs Enforcement’s (ICE) “long-term detention solution.” The system, as outlined by DHS, envisions immigrants spending three to seven days at smaller centers like Merrimack before being transferred to larger facilities, where the average stay is about 60 days. The policy, the documents state, aims to “ensure the safe and humane civil detention of aliens in ICE custody, while helping ICE effectuate mass deportations.”
The scale of the investment is staggering. The project will draw from the $38.3 billion Congress allocated in the One Big Beautiful Bill Act, with the goal of fully implementing the new detention model by the end of Fiscal Year 2026. In Merrimack alone, the federal government expects to spend $156 million retrofitting a warehouse on Robert Milligan Parkway, plus another $146 million to operate the facility over its first three years. DHS projects the center will create 1,252 jobs in the area—including 265 jobs directly tied to facility operations—contribute $151.3 million to local GDP, and generate $31.2 million in tax revenue.
But the rollout has not been without controversy. Initial documents referenced “ripple effects to the Oklahoma economy,” raising eyebrows since Oklahoma City’s mayor had already declared the project there off the table. When pressed for clarification by local media, neither Ayotte’s office, DHS, ICE, nor the White House provided answers. Later, Ayotte released updated documents that scrubbed the Oklahoma reference, but the economic estimates remained unchanged, leaving some to question the accuracy of the projections.
Behind the scenes, the release of these documents followed a tense back-and-forth between state and federal officials over information sharing. Earlier this month, acting ICE director Todd Lyons told a Senate hearing that DHS “has worked with Gov. Ayotte” on the economic impact assessment and had provided her with a summary. Ayotte, however, insisted she had received no official confirmation of the project until February 3, when a set of planning documents surfaced. After Lyons’ comments, Ayotte quickly responded, calling his assertions “simply not true.” She later clarified, “After my office inquired about the economic impact study following today’s Senate hearing, DHS has now for the first time distributed the document. Once the document was received, we immediately shared it with the Town of Merrimack. We are publishing this document on my website for the public to find.”
This local drama is playing out against the backdrop of a broader and more aggressive deportation campaign spearheaded by President Donald Trump. With support from Congress, he secured an additional $45 billion for ICE through the One Big Beautiful Bill Act, making ICE the highest-funded law enforcement agency in the country, with a staggering $80 billion authorized for Fiscal Year 2026. ICE and its partner agencies, including Customs and Border Protection, have dramatically expanded their operations nationwide, leading to a surge in detentions and deportations. But the campaign’s tactics—such as agents wearing masks to shield their identities and allegations of racial profiling—have sparked widespread public outrage. According to the American Civil Liberties Union (ACLU), six people died in ICE custody across the U.S. during the first six weeks of 2026 alone, fueling concerns about the human cost of the crackdown.
Yet, even as the government ramps up enforcement, it’s simultaneously working to address persistent labor shortages. On the same day Ayotte released the detention center documents, DHS and the Department of Labor announced the authorization of 64,716 supplemental H-2B visas for Fiscal Year 2026. The H-2B program allows employers to hire foreign workers for temporary, nonagricultural jobs when qualified U.S. workers are unavailable—a lifeline for industries from landscaping to hospitality. The annual statutory cap for H-2B visas is 66,000, split evenly between the first and second halves of the fiscal year. But demand has consistently outpaced supply. In January 2026, the Department of Labor received applications for more than 162,000 positions—up sharply from the previous year’s 150,000.
Recognizing this gap, Congress, under section 101 of the Continuing Appropriations Act (Public Law 119-37), empowered DHS to make additional visas available. The 64,716 supplemental visas are divided into three allocations: 18,490 visas for employment start dates between January 1 and March 31, 27,736 visas for April 1 to April 30, and another 18,490 visas for May 1 to September 30. The first two allocations are limited to “returning workers”—those who held H-2B status from Fiscal Years 2023 to 2025—while the third allocation has no such requirement. Employers must act fast, as petitions must be filed within strict windows after the statutory cap is reached, with the final deadline set for September 15, 2026.
But there’s a catch: to access these supplemental visas, employers must submit a sworn attestation—under penalty of perjury—that their business will suffer “irreparable harm” without the requested workers. The Department of Labor defines this as “permanent and severe financial loss.” Supporting documentation, such as contracts, work orders, or payroll records, must be prepared to justify the claim. Employers are also required to have a detailed written statement on hand, ready to provide to DHS or DOL upon request.
For many businesses, the process is daunting but essential. The rapid exhaustion of supplemental visas in prior years means that early preparation and meticulous documentation are critical for those hoping to secure the workers they need to stay afloat. As federal policy evolves, the stakes for compliance—and for the livelihoods of both employers and workers—remain high.
The juxtaposition of expanded detention infrastructure and record-breaking supplemental work visas highlights the complexity of America’s immigration debate in 2026. As communities like Merrimack brace for the arrival of new federal facilities, and as businesses scramble to navigate the shifting sands of visa policy, the only certainty is that immigration will remain at the heart of the nation’s economic and political conversations for the foreseeable future.