Texas Has New Leaders. What Changes for Immigrants, and What Doesn't?
/Since the November 3 election, our office has heard the same questions again and again. Am I safer now? Should I wait to file my case? Is SB4 over? Here are honest answers.
The short answer: very little changes right away. The parts of the system that decide your case, including USCIS, ICE, and the immigration courts, are run by the federal government, not the State of Texas.
What the election changed
Governor: Gina Hinojosa (D) defeated Greg Abbott.
Lieutenant Governor: Vikki Goodwin (D) defeated Dan Patrick.
Attorney General: Nathan Johnson (D) defeated Mayes Middleton.
U.S. Senate (Texas seat): James Talarico (D) defeated Ken Paxton.
Texas House: Democrats won a majority.
Texas Senate: Republicans kept a 19 to 12 majority.
The new officials take office in January 2027. Nationally, Democrats also won a majority in the U.S. Senate. President Trump remains in office, and his administration still runs USCIS, ICE, and the Department of Justice.
What does NOT change
Your case with USCIS. Green cards, citizenship, waivers, DACA, U visas, and VAWA all fall under federal immigration law. No governor or state legislature can approve, deny, or speed up your application. Recent federal changes, such as new USCIS policies and immigration court decisions, still apply.
ICE. ICE is a federal agency. A new governor cannot stop ICE from making arrests in Texas.
SB4 is in effect right now. SB4 is the 2023 Texas law that makes unauthorized entry a state crime and lets state judges order people to leave the country. In 2026, the federal appeals court for Texas allowed it to take effect while lawsuits continue. That means a pending application with USCIS, such as for asylum, TPS, or a U visa, does not stop a state prosecution under SB4. Repealing it would take both chambers of the Legislature, and Republicans still control the Texas Senate.
287(g) agreements with ICE. Senate Bill 8 requires every Texas sheriff who runs a county jail to sign a 287(g) agreement with ICE by December 1, 2026. That is before the new governor takes office. Under these agreements, local jail officers help ICE identify and hold immigrants. Repealing SB 8 would also take both chambers of the Legislature.
A Democratic U.S. Senate cannot change immigration law alone. A new law needs the House, the Senate, and the President's signature. The Senate can block nominees and bills, but it cannot create new paths to a green card on its own.
What could change in 2027
State border operations. The governor commands the Texas National Guard and directs state police deployments under Operation Lone Star. The incoming governor has called for a review of Operation Lone Star but has not said she will end it.
How the state handles immigration lawsuits. The attorney general defends laws like SB4 in court and can sue sheriffs who don't comply with SB 8. A new attorney general may handle those cases differently. We don't know yet how.
New state laws. The Legislature meets in January 2027. Changing SB4 or SB 8 would need a majority in the Democratic House, a majority in the Republican Senate, and the governor's signature.
We will update this article as these decisions are made.
What to do now
Don't wait for politics to file your case. If you qualify for a green card, citizenship, or another benefit today, federal rules decide your case, not who is in the Governor's Mansion. Waiting rarely helps and sometimes hurts.
Carry proof of your status or pending case. Keep copies of your green card, work permit, or USCIS receipt notices with you.
Make a family plan. Decide who would care for your children and who holds copies of your documents if something happens.
Watch out for scams. After every election, some "notarios" promise new laws or special programs that don't exist. A notario cannot give legal advice. Learn the difference between a notary and a lawyer.
Get your options checked by a lawyer. Many people qualify for something and don't know it.
Questions about your situation? The Law Offices of Michael Ponder offers a free 15 minute guidance session and a full one hour consultation for $75, in English or Spanish. Schedule here or call (512) 300-0810.
This article is general information as of November 2026, not legal advice for your case. Laws and court rulings are changing quickly. Reading this article does not create an attorney client relationship.