The recent midterm elections resulted in a significant shift in power in Texas, with Democrat Gina Hinojosa set to become the state's first Latina governor. This change is expected to have implications for immigration policy in the state. Hinojosa's election, along with that of the state's first Democratic U.S. senator in nearly 40 years, and the flip of the Texas House of Representatives, has led to calls for changes in the state's partnership with the U.S. Immigration and Customs Enforcement (ICE).
Immigration policy was a top issue for voters in the midterm elections, according to exit polling. The Hispanic community, in particular, seemed to have had enough of anti-immigrant policies, with many counties along the U.S.-Mexico border flipping Democratic after supporting Trump in 2024. Artemio Muñiz of the Texas Federation of Hispanic Republicans suggested that the Republican Party needs to find a reasonable solution for immigration, including secured borders and a legal pathway for undocumented immigrants who have been in the U.S. for decades.
Incoming lawmakers, including Governor-elect Hinojosa, are facing calls to end the state's partnership with ICE. César Espinosa, executive director of the Houston-based advocacy organization FIEL, said that his group would also like to see Hinojosa and the Texas legislature push for driver licenses for undocumented immigrants. Additionally, Houston's mayor has already begun reducing his police department's cooperation with ICE. Nationwide, immigration advocates are calling for ICE to be defunded or severely restricted.
The new Congress could play a significant role in shaping immigration policy, including holding ICE accountable. Rep. Robert Garcia, D-Calif., who is set to become the next chair of the House oversight committee, has promised to look into several issues, including ICE accountability. ICE is currently the highest-funded federal law enforcement agency in the U.S., with a budget of around $240 billion awarded in 2026. Congress could potentially claw back that money and impose more stringent oversight on the agency.
Rep. Bennie Thompson, D-Miss., who is likely to chair the House Homeland Security Committee, has expressed concerns about ICE's activities, citing instances of individuals being killed, assaulted, or incarcerated. He would like to see policies such as the use of body-worn cameras for federal immigration agents and a ban on them wearing face coverings. However, a major hurdle to these changes is President Trump, who has vowed to veto any legislation that does not align with his views.
The Trump administration has vowed to continue with deportations, despite the midterm election results. Secretary of Homeland Security Markwayne Mullin posted a tweet saying "Deportations will continue." Meanwhile, White House Deputy Chief of Staff Stephen Miller, who has been a key architect of the administration's immigration policies, has been promoted to chief of staff. Naureen Shah at the ACLU believes that Congressional oversight via subpoenas could be a powerful tool in changing ICE's behavior.
The issue of immigration enforcement is closely tied to the economy, with Shah arguing that the stories of life becoming harder for everyday Americans are also stories about ICE's impact. Democrats have an opportunity to use their oversight powers to tell a story about how to make everyday life more affordable for all Americans. Additionally, the Trump administration's expansion of ICE detention facilities has faced criticism and protest over dire conditions, with a record number of deaths in detention since the start of Trump's second term.
Key points
- Democrats made significant gains in the midterm elections on immigration issues.
- ICE still has a substantial budget of around $240 billion.
- The new Congress could play a significant role in shaping immigration policy and holding ICE accountable.
