Issue explainer

Immigration and the border

Immigration law is federal, but Texas plays a big role through its long border with Mexico, its own border operations and its county jails. Border crossings fell sharply in 2025, and the debate has shifted toward deportations and what to do about people already living here without legal status.

The basics

A note on words: some people say illegal immigrants and others say undocumented immigrants. This page uses unauthorized immigrants, the term used by the Pew Research Center, for people living in the U.S. without legal status.

Congress writes immigration law. The executive branch enforces it through agencies such as Customs and Border Protection (CBP), which guards the border, and Immigration and Customs Enforcement (ICE), which handles enforcement inside the country.

Pew Research Center estimates that a record 14 million unauthorized immigrants lived in the U.S. in 2023, after an increase of 3.5 million in two years¹. Pew's preliminary data point to a decrease in 2025¹.

Border crossings then dropped sharply. In fiscal year 2025, Border Patrol recorded 237,565 apprehensions at the southwest border, the lowest yearly total since 1970, according to preliminary CBP figures². About 72% of those came in the first 111 days of the fiscal year, before the change in administration in January 2025².

The 2025 tax and spending law provided about $74.9 billion for ICE, including $45 billion for detention, and about $64.7 billion for CBP, including $46.55 billion for border walls and related infrastructure, available through fiscal year 2029³.

Key terms

Unauthorized immigrant: A person living in the U.S. without legal status, including people who crossed without permission and people who overstayed a visa¹.
Deportation (removal): The formal legal process of sending a noncitizen out of the country.
287(g) agreement: A deal under which local officers, often in county jails, help carry out federal immigration law in partnership with ICE⁴.
Path to legal status or citizenship: Proposals to let some unauthorized immigrants earn legal status, and possibly citizenship, usually after background checks, fines and years of living here.
Asylum: Legal protection for people who fear persecution in their home country. They must apply and prove their case.

In Texas

Texas is home to about 2.1 million unauthorized immigrants, second only to California¹.

Texas has spent over $11 billion on Operation Lone Star, its state border mission, paying for border wall sections, river buoys and deployments of the Texas National Guard and state police⁵. In September 2026, the federal government approved $7.5 billion to reimburse Texas for part of that spending⁵.

Two state laws matter locally. Senate Bill 4 (2023) makes illegal entry into Texas from a foreign country a state crime. In April 2026, a federal appeals court lifted an order that had blocked it, ruling 10 to 7 that the groups suing lacked standing⁶. A new lawsuit led a federal judge to block most of the law again in May, but on June 1 the appeals court paused that order, so the law can be enforced while the case continues⁸. Senate Bill 8 (2025), which took effect January 1, 2026, requires each sheriff who runs a county jail to request and enter into a 287(g) agreement with ICE by December 1, 2026⁴⁷. The Tarrant County Sheriff's Office already participates⁴.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Deport everyone here illegally, as quickly as possible

Supporters say the law should mean what it says, and that letting millions stay rewards breaking it and invites more illegal entry. They would use every tool to find and remove people who are here unlawfully and make clear that only legal entry is accepted.

Secure the border first; deport criminals; keep legal immigration steady

Supporters say the first job is controlling who comes in, and the next is removing people who commit crimes. They would keep legal immigration near current levels and deal with long-time residents only after the border is secure.

Tighter security plus legal status for long-time residents

Supporters say the country needs both a secure border and a realistic answer for people who have lived and worked here for years. They would pair tougher enforcement with a way for long-time residents with clean records to earn legal status, often with fines and back taxes.

A path to citizenship for most, and more legal immigration

Supporters say most unauthorized immigrants are long-time workers, parents and neighbors, and that mass deportation would split families and hurt industries like construction and farming. They favor a path to citizenship and more legal visas to meet labor needs and reduce illegal entry.

Much more open immigration with less enforcement

Supporters say immigrants have always renewed the country's workforce and communities, and that heavy enforcement is costly and harsh. They would make legal entry much easier, reduce detention and deportations, and treat most immigration violations as civil matters, not crimes.

Who decides

U.S. Congress: Writes immigration law, sets visa levels and funds enforcement.
President and Department of Homeland Security: Enforce immigration law through CBP and ICE and set enforcement priorities.
Federal courts: Decide immigration cases and whether state and federal policies are legal.
Texas Governor and Legislature: Fund state border operations and pass state laws like SB 4 and SB 8.
Tarrant County Sheriff: Runs the county jail and its cooperation with ICE under a 287(g) agreement.

Questions to ask a candidate

What should happen to unauthorized immigrants who have lived here 10 years or more with no criminal record?
Now that border crossings have dropped, should Texas keep spending state money on border security at the same level?
Do you support requiring county sheriffs to work with ICE through 287(g) agreements?
Should legal immigration go up, go down or stay the same, and for which kinds of visas?

Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.

Sources

U.S. Unauthorized Immigrant Population Reached a Record 14 Million in 2023Pew Research Center
Lowest fiscal year for Border Patrol apprehensions since 1970U.S. Customs and Border Protection
Understanding the FY2026 DHS Budget Request (R48704)Congressional Research Service (via EveryCRSReport.com)
Immigration advocates worry as new law requiring Texas sheriffs to work with ICE goes into effectKERA News
Feds reimburse Texas for $7.5 billion in border spending, ending delayThe Texas Tribune
Texas police can arrest people suspected of entering country illegally, federal court rulesThe Texas Tribune
Bill Analysis, S.B. 8 (89th Legislature, enrolled version)Texas Legislature, Senate Research Center
Federal court allows Texas immigration law to take effect, continuing legal seesawEl Paso Matters