The immigration process can be challenging and even overwhelming at times. At Thaler Law, we provide clear guidance through the legal system that shapes immigration policy in the state. From legislation and enforcement practices to important judicial rulings, we stay informed on the key developments that matter.

Whether you're seeking clarity on your rights, updates on evolving policies, or support with legal procedures, our goal is to help you move forward with confidence.

Take the first step toward a brighter future and partner with our immigration lawyer in Georgetown, Texas, to seamlessly conquer the challenges of immigration law and make Texas your home. Contact our firm today to schedule a consultation.

Federal Authority Over Immigration Law

Immigration law in the United States is primarily a federal matter, rooted in the U.S. Constitution’s Supremacy Clause, which grants the federal government exclusive authority to regulate immigration and naturalization. 

The Immigration and Nationality Act (INA) of 1952, as amended, serves as the cornerstone of U.S. immigration law, governing visas, deportation, asylum, and citizenship. Agencies like U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) enforce these laws.

In Texas, federal authority manifests along the 1,254-mile border with Mexico, where CBP operates ports of entry and Border Patrol agents monitor crossings. The state hosts major immigration detention centers, such as the South Texas Family Residential Center in Dilley and the Karnes County Residential Center, which detain migrants awaiting immigration hearings.

Federal courts in Texas, including the Southern and Western Districts, handle a significant share of immigration-related cases, from asylum claims to challenges against enforcement policies.

However, Texas’s proximity to Mexico and its large immigrant population—approximately 4.7 million immigrants, or 17% of the state’s population as of recent estimates—create unique challenges that blur the lines between federal and state roles. 

While the federal government controls immigration policy, Texas has sought to influence enforcement and integration through state laws, local policies, and litigation.

State Position on Immigration Law

Although states can’t directly regulate immigration, they can enact laws that affect immigrants’ lives and indirectly influence enforcement. 

Texas has been particularly active in this regard, passing legislation that addresses issues like sanctuary cities, local law enforcement cooperation with ICE, and access to public benefits for immigrants. Some areas where Texas has shaped immigration law include:

Senate Bill 4 (SB 4): Texas’s Controversial Enforcement Law

One of the most significant pieces of immigration-related legislation in Texas is Senate Bill 4, passed in 2017. SB 4 bans “sanctuary cities” by requiring local law enforcement agencies to cooperate with ICE detainer requests, which ask local jails to hold individuals suspected of immigration violations for up to 48 hours beyond their scheduled release. 

The law also allows police officers to inquire about an individual’s immigration status during routine encounters, such as traffic stops, if they have reasonable suspicion.

SB 4 sparked intense debate. Proponents argued it enhances public safety by making sure undocumented immigrants who commit crimes are deported. Critics, including immigrant rights groups and cities like Austin and Houston, contended it promotes racial profiling and erodes trust between immigrant communities and police. 

Legal challenges followed, with plaintiffs arguing SB 4 violates the Fourth and Fourteenth Amendments. In 2018, the Fifth Circuit Court of Appeals largely upheld the law, though it struck down a provision penalizing public officials for criticizing immigration enforcement.

In 2023, Texas introduced a new version of SB 4, which went further by empowering state and local law enforcement to arrest and detain individuals suspected of illegally crossing the Texas-Mexico border. This law also allowed state judges to order deportations, a power traditionally reserved for federal authorities. 

The U.S. Supreme Court temporarily blocked this version in 2024, citing federal preemption, but the case remains a flashpoint in the debate over state versus federal authority.

Operation Lone Star

Launched in 2021 by Governor Greg Abbott, Operation Lone Star is a state-led initiative to enhance border security and immigration enforcement. It deploys Texas Department of Public Safety (DPS) troopers and National Guard units to the border to deter illegal crossings, arrest migrants, and seize drugs and weapons. 

The operation includes physical barriers, such as buoys in the Rio Grande and razor wire along the border, which have drawn legal scrutiny for environmental and humanitarian concerns.

Operation Lone Star has resulted in thousands of arrests, primarily for state offenses like trespassing and smuggling. Critics argue it oversteps state authority, diverts resources from local communities, and fails to address root causes of migration. 

Supporters view it as a necessary response to federal inaction on border security. The initiative has cost Texas billions, raising questions about its sustainability and effectiveness.

Access to Education and Public Benefits

Texas has a mixed record on immigrant access to public benefits. The 1982 U.S. Supreme Court case Plyler v. Doe, originating in Texas, guarantees undocumented children the right to free public education under the Equal Protection Clause. Texas complies with this ruling, educating hundreds of thousands of undocumented students annually. 

However, the state has resisted extending other benefits to immigrants. For example, Texas doesn’t offer in-state college tuition to most undocumented students, unlike some states, though DACA recipients are eligible under certain conditions.

Texas also restricts undocumented immigrants’ access to public benefits like Medicaid and food assistance, aligning with federal guidelines. These policies reflect a broader tension between inclusion and exclusion in a state with a significant immigrant workforce.

Local Policies and Sanctuary Cities

Texas cities have adopted divergent approaches to immigration enforcement, creating a patchwork of policies. Austin, Houston, and Dallas have historically limited cooperation with ICE, earning the “sanctuary city” label from critics. 

These cities argue that non-cooperation protects community trust and prevents local police from being co-opted into federal enforcement. SB 4, however, curtailed these policies by mandating ICE detainer compliance and imposing penalties for non-compliance.

Conversely, some Texas counties, particularly in rural border areas, actively partner with ICE under the 287(g) program, which trains local officers to perform immigration enforcement functions. 

This program has been controversial, with studies showing it can lead to racial profiling and strained community relations. In such areas, consulting an immigration lawyer can be essential for those facing enforcement actions or seeking to understand their legal rights.

Judicial Developments

Texas’s federal courts play a pivotal role in shaping immigration law. The Fifth Circuit Court of Appeals, based in New Orleans but covering Texas, is known for its conservative leanings and has issued rulings upholding strict enforcement measures. 

For example, in Texas v. United States (2015), Texas led a coalition of states to block President Obama’s Deferred Action for Parents of Americans (DAPA) program, which would have shielded millions of undocumented parents from deportation. The case ended in a 4-4 Supreme Court tie, leaving a lower court’s injunction in place.

More recently, Texas has challenged Biden administration policies, such as the 2021 pause on deportations and the termination of the Migrant Protection Protocols (MPP), or “Remain in Mexico” program. These cases stress Texas’s outsized influence in national immigration policy through litigation. If you or a loved one has faced deportation, contact the Thaler Law Firm.

Socio-Economic Implications

Immigration profoundly impacts Texas’s economy and society. Immigrants, both documented and undocumented, make up a significant portion of the state’s labor force, particularly in construction, agriculture, hospitality, and healthcare. 

A 2019 study estimated that undocumented immigrants alone contribute $79 billion annually to Texas’s economy, including $6.7 billion in taxes. However, their contributions are often overshadowed by debates over costs, such as education and healthcare expenditures.

Socially, Texas’s immigrant communities enrich the state’s cultural fabric, from vibrant Hispanic traditions in Houston to Vietnamese enclaves in Dallas. Yet, integration challenges persist, including language barriers, discrimination, and limited access to legal resources. 

Community organizations and legal aid groups, like the Texas Civil Rights Project and RAICES, play a crucial role in supporting immigrants, but demand often outstrips supply.

Recent Controversies and Future Directions

Immigration remains a polarizing issue in Texas, with recent developments underscoring ongoing tensions. Below are key controversies and considerations for the future:

• Migrant busing initiative: In 2024, Governor Abbott’s decision to bus thousands of migrants to northern cities like New York and Chicago drew national scrutiny. Framed as a protest against federal border policies, supporters argued it forced other states to share migration responsibilities, while critics labeled it a political stunt exploiting vulnerable people.

• Humanitarian crisis at the border: Overcrowded detention facilities and reports of family separations continue to spark debate. Asylum seekers, primarily from Central America, face immigration court backlogs in Texas, with wait times often exceeding two years, exacerbating the crisis.

• Proposed solutions: Policy suggestions range from expanding legal pathways for migrants to strengthening border enforcement, but political divisions make consensus challenging.

• Future migration pressures: Climate change, violence, and economic instability in Latin America are projected to increase migration, straining Texas’s border infrastructure. The state’s growing Latino population, expected to become a plurality by 2030, may shift political priorities toward more inclusive immigration policies.

As Texas works through these challenges, its immigration policies and political scope will continue to shape and be shaped by the broader national debate over migration and border security. The guidance of an experienced immigration lawyer is more crucial than ever for those working through this challenging legal process.

Contact Our Immigration Lawyer Today

Immigration law in Texas is a microcosm of the broader national debate, reflecting tensions between enforcement and compassion and federal authority and state autonomy. As Texas traverses these challenges, its policies will have far-reaching implications, not only for the millions of immigrants who call the state home but also for the nation’s approach to immigration. To better understand the immigration process, work with our immigration lawyer at Thaler Law in Georgetown, Texas. Call us today.