As Gov. Greg Abbott and Democratic candidate Gina Hinojosa debate border security ahead of the 2026 Texas governor’s race, what are the limits on what a governor can do?
While immigration enforcement is a federal matter, the Office of the Texas Governor has clear guidelines as to what it can and cannot do to enforce immigration and border security policy.
According to the Office of the Texas Governor, Abbott, through Operation Lone Star, can deploy National Guard troops and state troopers to arrest immigrants for state-level trespassing, build physical border barriers, like razor wire and buoys, and transport immigrants to other states.
“While federal law mandates immigration enforcement, Texas leverages state authority for arrests and, as of 2026, allows state courts to order removals, though long-term deportation remains a federal function,” the policy overview states.
The Office of Texas Governor is empowered to:
Conversely, the Office of Texas Governor is not empowered to:
Gina Hinojosa decries ICE operations in Texas
For as long as Hinojosa has been in the Texas governor’s race, she has called out Abbott for backing strong arm tactics in immigration enforcement pushed by the Trump administration.
She further added Immigration and Customs Enforcement detention facilities, a central part of immigration crackdowns in the state, where the National Guard is deployed, are run by CoreCivic and GEO Group.
“These are private prison companies that have donated to Abbott’s campaigns. The Abbott administration created the special licensing category in 2015 that allows children to be detained in these facilities without meeting normal childcare standards —Texas is the only state in the nation where this is permitted,” she said.
Her campaign underscored that Texas holds more than 18,700 detainees — the highest share of any state.
What is SB4 and is it constitutional?
A 2023 Texas law that lets state police arrest people suspected of entering the country illegally can go into effect after a federal appeals court on April 24 lifted a lower court ruling that had stopped it for years.
The Fifth U.S. Circuit Court of Appeals lifted the temporary injunction without weighing in on the underlying legal questions because the plaintiffs lacked standing to sue, according to the court’s order. The Legislature passed the law, known as Senate Bill 4, in response to record illegal border crossings that the state said amounted to an invasion, and that have since subsided.
Immigration law has historically been enforced solely by the federal government. Texas lawmakers sought to challenge that precedent with the law, which quickly drew constitutional challenges from immigrants’ and civil rights groups who argued the policing of immigration is under the federal government’s purview alone.
The appeals court ruled, in a 10-7 decision, that plaintiffs Las Americas Immigrant Advocacy Center, American Gateways and El Paso County could not pursue a lawsuit.
Important dates for 2026 Texas election
The last day to register to vote for the General Election is Oct. 5, either online, by mail, or in person.
Early voting starts Oct. 19 and runs through Oct. 30. The absentee ballot request deadline is Oct. 23, by mail or Oct. 19, in person. The absentee ballot return deadline is Tuesday, Nov. 3, by mail or in person on Election Day.
Election Day is Tuesday, Nov. 3.
Kristian Jaime is the Top Story Reporter for the El Paso Times and is reachable at Kjaime@elpasotimes.com.
This article originally appeared on El Paso Times: Texas governor’s border powers What Abbott can and cannot do
Reporting by Kristian Jaime, El Paso Times / El Paso Times
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