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Post · February 2, 2026

January 2026: enforcement, escalation, and the first shutdown

Two fatal CBP shootings in Minneapolis. A general strike day in response. A SCOTUS docket day with three unanimous opinions. The continuing resolution expires.

By AfP Editors


January 2026 produced the highest-density single month of federal-policy activity since the September 2025 reconciliation cycle. Several individual events have been treated separately on this site (the Minneapolis killings and the labor response, the late-January shutdown). What follows is the broader picture.

Federal enforcement and the Minneapolis killings

On January 7, Renée Nicole Macklin Good, a 37-year-old US citizen and mother of three, was fatally shot by a CBP officer during Operation Metro Surge in Minneapolis. The federal enforcement campaign had deployed roughly 2,000 federal agents in the Twin Cities, producing about 3,000 arrests by mid-January. The shooting drew thousands of protesters and triggered weeks of confrontations between federal agents and civilians. (PBS NewsHour)

On January 23, a coalition of Minneapolis-area unions called a general strike day in response, with ATU Local 1005, SEIU Local 26, UNITE HERE Local 17, CWA Local 7250, and the St. Paul Federation of Educators participating. (OnLabor)

On January 24, Alex Jeffrey Pretti, a 37-year-old US citizen and ICU nurse at the Minneapolis VA, was shot ten times and killed by two CBP officers during a protest against the federal enforcement operation. ProPublica later identified the agents as Jesus Ochoa and Raymundo Gutierrez. The killing — the second fatal CBP shooting of a US citizen in Minneapolis in two and a half weeks — caused Senate Democrats to withdraw support for the DHS appropriations bill, directly precipitating the late-January funding standoff. (ProPublica)

Supreme Court

On January 20, the Court issued three 9-0 opinions:

  • Ellingburg v. United States (Kavanaugh) — restitution under the Mandatory Victims Restitution Act is criminal punishment subject to the Ex Post Facto Clause. Significant retroactivity implications for criminal defendants and victims-restitution practice.
  • Berk v. Choy (Barrett) — Delaware’s affidavit-of-merit requirement does not apply in federal court because it conflicts with Federal Rules 8 and 12.
  • Coney Island Auto Parts v. Burton (Alito) — Rule 60(c)(1)‘s “reasonable time” requirement for relief from judgment.

(Justia)

Federal-court immigration rulings

The pattern of federal-court constraints on enforcement continued.

On January 23, a federal judge in Illinois halted DHS’s termination of Temporary Protected Status for Burma. The ruling followed a December 30 Massachusetts federal court order that had blocked termination of South Sudan TPS. (CLINIC)

On January 25, a federal judge blocked DHS’s termination of humanitarian parole under the Family Reunification Parole program for nationals of Cuba, Colombia, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, finding the agency’s stated rationale likely arbitrary and capricious. (CLINIC)

In late January, US District Judge Vince Chhabria (N.D. Cal.) ruled that HHS may resume sharing limited Medicaid enrollee data with immigration enforcement, sharply restricting the scope to basic biographical information and excluding clinical data. The case was brought by 22 states challenging CMS’s plan. (Federal News Network)

Executive orders

EO 14376 on January 20 — “Stopping Wall Street From Competing With Main Street Homebuyers” — directs HUD to limit large institutional investors’ acquisitions of single-family homes and strengthen ownership disclosure rules in federally supported single-family programs. The action marked a notable rhetorical shift toward populist housing themes. (Multifamily Dive)

EO 14377 on January 23 — “Addressing State and Local Failures to Rebuild Los Angeles After Wildfire Disasters” — directs FEMA and SBA to issue regulations preempting state and local permitting requirements for federally funded reconstruction in Pacific Palisades and Eaton Canyon. The order represents significant federal preemption of state and local land-use authority in disaster recovery. (WH)

On January 29, two more orders: “Addressing Threats to the United States by the Government of Cuba” declaring a national emergency and establishing a process to impose tariffs on countries selling oil to Cuba; and “Addressing Addiction Through the Great American Recovery Initiative” restructuring the federal substance-use-disorder approach. (Federal Register)

Labor

The NLRB regained quorum in early January after operating without one for nearly twelve months, and issued Satellite Healthcare (Santa Rosa) — its first decision since recovering quorum — affirming Regional Directors’ authority to certify election results during quorum gaps. The development restored the Board’s ability to issue precedential decisions and resume merits adjudication of stalled cases. (NLRB)

Healthcare

The Medicaid expansion incentive sunset on January 1 — the enhanced FMAP that had incentivized states to expand Medicaid under the ACA expired under provisions of the One Big Beautiful Bill Act. Some non-disability adults without dependents earning over 138% of FPL lost Medicaid eligibility in DC, with similar tightening rolling out in several states. Combined with phased work-reporting requirements, advocates project significant coverage losses across 2026. (LDI)

Mobilization

The “Free America Walkout” on January 20 — coordinated by the Women’s March — produced at least 600 actions across all 50 states protesting ICE raids, healthcare cuts, and the administration’s executive actions on the one-year anniversary of Trump’s second inauguration. Coverage by NBC News tallied his first year at hundreds of executive orders and 88 conventional pardons (separate from the roughly 1,500 January 6 defendants pardoned on day one). (Spectrum News)

The first shutdown

The continuing resolution expired January 30, with FY2026 appropriations not yet completed for several departments. Senate Democrats had withdrawn from the DHS funding compromise after the Pretti shooting, demanding immigration enforcement reforms; the impasse triggered a four-day partial shutdown from January 31 to February 3 affecting roughly half of federal departments. Three full-year measures (Military Construction-VA, Agriculture-FDA, and Legislative Branch) had been enacted earlier in the month, insulating those agencies through September 30. (CNN)

What January set up

The labor-and-civil-rights convergence in Minneapolis produced both an organizing infrastructure that would activate again on May Day and a fiscal pressure point — the DHS funding fight — that would extend into the longest partial shutdown in US history. The January 23 general strike day was the prologue. The 75-day DHS shutdown was the consequence.

The federal-court pattern of immigration-related rulings continued to produce incremental constraints without producing a coherent doctrine on the limits of executive enforcement authority. That pattern would continue through the spring.

The January 1 Medicaid changes and the late-January executive orders reflected the broader pattern of the year: structural changes accumulating faster than the political and legal architecture designed to respond to them.

February would bring the SCOTUS IEEPA ruling, the second shutdown, and the EPA endangerment finding rescission. The pace did not slow.

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