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By Dan Gooding
Associate News Editor
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Texas has spent years positioning itself at the forefront of the national crackdown on illegal immigration, but under Democratic Governor-elect Gina Hinojosa, the state could soon start moving in a different direction.
Transforming Texas into anything resembling a so-called sanctuary state would be far more complicated than changing the occupant of the governor's mansion, with Republican lawmakers, state laws and the federal government potentially limiting how far Hinojosa might wish to go.
In an interview with Newsweek, Hinojosa said she felt border security needed to happen but that there was a difference between people crossing illegally now and those who had been in the state for many years without legal status.
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"I am a Hispanic Texan, I'm Latina, and many of us come from mixed-status families," she said in February. "Many Texans come from mixed-status families, and there is a lot of fear in our communities right now that our families are under attack, and that is unacceptable. We all want border security, but this is not that. This is making us less safe, and it needs to stop."
Newsweek reached out to Hinojosa's campaign for further comment on Thursday.
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A sanctuary city or state is not defined by a single set of rules or laws. Each jurisdiction, from New York, to Chicago, to Los Angeles, has taken a different approach on how it implements policies that prevent local law enforcement and other agencies from cooperating with U.S. Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS) more widely on immigration enforcement matters.
While advocates argue that these policies are necessary because it is the federal government's responsibility to enforce immigration law, and that they help undocumented immigrants feel safer about reporting crimes, critics argue that the rules prevent effective enforcement and allow potential illegal immigrant criminals to be released by local police without being handed to federal authorities.
“For nearly a decade, Texas has unconstitutionally expanded state and local law enforcement’s involvement in immigration enforcement—a role that is the sole authority of the federal government," Sarah Cruz, policy and advocacy strategist for border and immigrants' rights at the ACLU in Texas, told Newsweek. "And for years, our Texas communities have organized and advocated against state and federal policies that targeted immigrant communities, separated families, and misused our state and local resources.
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"A recent ACLU of Texas poll showed widespread concern among border residents about federal, state, and local immigration enforcement, with 63 percent of respondents across the political spectrum saying ICE has gone too far. It is our hope this change in leadership will undo some of the harm that forced Texans to live in fear, and that resources will be redirected to address the real needs of Texans to build a state that works for us all, regardless of immigration status.”
Ammon Blair, a senior fellow at the Texas Public Policy Foundation, told Newsweek that the organization would work with anyone wanting to help Texans thrive.
"Through our Secure & Sovereign Nation work, that means protecting the sovereignty, security and public safety of Texas and every community within it," he said.
"These responsibilities cross party lines. Families need to know their children are safe. People need to be able to work, worship, run a business and enjoy their property without violence, intimidation or exploitation. When security and public safety deteriorate, the consequences reach into education, economic opportunity, family life and the everyday exercise of our freedoms."
Blair said that Hinojosa shared a similar view in her victory speech on Wednesday, extending her pledge to all in the state.
Could Texas Become a Sanctuary State?
While Texas is home to a significant immigrant population—estimated to be around 5.4 million by the American Immigration Council, with just over 2 million without legal status—the Lone Star State in November 2026 would not be considered a sanctuary state.
Governor Greg Abbott has been one of the leading state-level voices raising concerns about illegal immigration—a voice that only grew louder during the Biden administration when record numbers of people were crossing the U.S.-Mexico border into Texas and other border states.
Under Abbott's leadership and a Republican-dominated Legislature, Texas has passed laws designed to tackle illegal immigration at the state level and require cooperation with federal immigration authorities.
In 2017, Texas enacted Senate Bill 4, sometimes referred to as the state's "anti-sanctuary cities" law. Among other provisions, the legislation prohibits local governments and law enforcement agencies from adopting policies that prevent officers from inquiring about a person's immigration status and requires compliance with certain federal immigration detainer requests.
Texas went further under Abbott, who introduced his Operation Lone Star in 2021. That led to the deployment of Department of Public Safety officers and National Guard personnel to the southern border, as well as the spending of billions of dollars on border barriers, arrests and other enforcement operations.
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Senate Bill 4 in 2023 sought to give Texas authorities powers traditionally exercised by the federal government. It created a state criminal offense for illegal entry from a foreign country and empowered Texas judges to order some immigrants to return to the country from which they entered. The legislation became the subject of a major legal fight over whether states can enforce their own immigration laws.
"Texas could become a sanctuary state, simply by enacting a law to that effect," Ilya Somin, a visiting law professor at the University of Virginia, told Newsweek. "They could ban state and local law enforcement from helping ICE, for example. And if they did, the Supreme Court’s Tenth Amendment "anti-commandeering" jurisprudence would protect their right to do so, as it has for other sanctuary jurisdictions.
"But that isn’t likely to happen because Republicans still control the state Senate, albeit by a narrower margin than before. So, I don’t think Texas will actually enact a sanctuary state law anytime soon."
Blair said that Texas could move toward sanctuary status but warned that scrapping its current policies may have a negative effect.
"Texas should preserve immigration enforcement and the cooperation needed to protect its citizens and communities," Blair said. "Texas officials swear to faithfully execute their offices and uphold the federal and state constitutions and laws. An election changes the officeholder; the lawful duties of the office continue. Where Texas law assigns an immigration or border security responsibility to a sheriff, the comptroller or DPS [Department of Public Safety], the incoming official inherits that responsibility."
What Hinojosa Could Change on Day One
When Hinojosa becomes governor in January, she has some options, despite the current laws. She could make substantial changes, at least to aspects controlled by the state executive, including deployments, state priorities and use of resources.
Under Operation Lone Star, the National Guard was deployed to handle some border security operations, working alongside U.S. Customs and Border Protection, but with the federal agency now benefiting from increased funding under the Trump administration, there could be an argument for Hinojosa to pull back state troops.
The Texas DPS' focus on immigration could also be something she could change, as the agency also falls under the governor's remit.
Under Abbott, requests for cooperation from the federal government have largely been met with open arms. Hinojosa could opt to close off that open policy, opting to take a route that other Democrat-run states and cities have adopted.
"The election of Gina Hinojosa as governor provides real hope for positive change in respect for the human dignity of migrants who are so vital in our communities and state," Denise Gilman, director of the immigration clinic at the University of Texas at Austin, told Newsweek.
"There are cruel state-level anti-immigrant laws on the books in Texas that will make it difficult for local entities [much less the state] to become sanctuaries in the sense of ending all cooperation between state and local law enforcement and federal immigration authorities. But under new leadership, there is likely to be much less money and emphasis placed on that cooperation."
Gilman said local law enforcement could be given far more power to decide how much they want to work with federal immigration enforcement agencies. She also believed that Operation Lone Star could end altogether.
Kristin Etter, director of policy and legal services at the Texas Immigration Law Council, told Newsweek that the state had a real opportunity to "reset its priorities."
"Governor-elect Hinojosa’s roots in the Rio Grande Valley give her a firsthand appreciation of the important role immigrants and international trade play in the fabric of Texas communities and the strength of our state’s economy," Etter said.
"She should work with the Legislature to redirect taxpayer dollars from costly enforcement operations toward priorities that strengthen Texas families, including schools, healthcare and services that help Texas families afford their everyday needs. State law enforcement should focus on keeping Texans safe and must be grounded in the rule of law and respect for the constitutional rights of all Texans. A change in leadership creates an opening, but undoing years of harmful policies will require sustained action."
What Hinojosa Cannot Easily Change
While the Texas House flipped blue, the state Senate remained under GOP control following Tuesday's elections, and Republican lawmakers could stand in the way of major changes, particularly when it comes to the two Senate bills.
Hinojosa would not be able to simply repeal existing statutes by executive order, including immigration laws, meaning state lawmakers would need to be on board with major changes. They could also force her to continue with certain policies.
As with other attempts in other states, efforts to keep ICE out of immigrant communities would also likely be futile, as the federal government does have jurisdiction in that area.
"The Democratic attorney general and governor could, however, stop filing lawsuits arguing for more immigration restrictions," Somin said. "They could instead help challenge restrictionist Trump administration policies in court. And they could also revise or eliminate various executive branch policies and positions that are anti-immigration."
Blair said that whatever changes are planned, residents should have a say. While local officials have made decisions on immigration enforcement, he said little evidence existed of voters' views on the matter.
"Protecting a family from violence, rescuing someone from trafficking, securing a community against transnational terrorist and criminal networks and safeguarding constitutional freedoms are responsibilities that reach across party lines," Blair said. "We are ready to stand beside the governor elect, every state office and local leaders throughout Texas in fulfilling them."
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Trump vs. Texas?
Texas became one of Washington's most important allies on immigration enforcement over the past two years, with major raids in immigrant communities largely met without opposition, and an increase in border security measures. But that does not mean there has not been any resistance or concern.
In South Padre Island in March 2025, an ICE agent shot and killed Ruben Ray Martinez, a U.S. citizen, in his car with his childhood friend in the passenger seat. The connection to ICE was not made until a Newsweek review of Freedom of Information Act documents obtained by American Oversight in February 2026.
In Houston, Lorenzo Salgado Araujo, a Mexican national who lived in the U.S. for decades, was shot dead by ICE agents in July, prompting protests across the city as well as local law enforcement investigations. In September, another immigrant was shot in the back by a federal agent in the city.
While Abbott appeared to raise concerns about federal agents following Salgado Araujo's death, he still worked closely with the Trump administration, as did many law enforcement agencies across Texas.
Another major issue in recent months involved Big Bend National Park and the Trump administration's efforts to build new border barriers in the area. The plans, and initial construction, prompted resistance in the local community, as well as legal challenges.
If Hinojosa follows the lead of other Democratic governors, there is potential for a reversal in messaging to one in which the message from Texas is that Washington is doing too much.
Trump, when asked on Thursday about potential plans to pull back Texas troops, said: "I am sure that the new governor is going to want security of the Texas border. There were people on television two days ago saying how it's like living in heaven, compared to living in hell when Biden was there. I'm sure they'll continue my policy, and if they don't continue my policy, I will."
Contact Newsweek editors on this story: Samantha Beech and Dave Siminoff.
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