What you need to know about immigration law and the 2024 election

An increase in the number of undocumented migrants crossing the U.S.-Mexico border since President Joe Biden took office has been a leading focus for former President Donald Trump’s campaign against Vice President Kamala Harris. But the issue of immigration goes beyond the presidential race as some states, including Texas, have taken steps to address the issue.
Although Congress has the broadest power to regulate immigration, it has not passed a major immigration reform bill since 1986. That has led states to implement their own efforts to slow immigration across the southern border. Once such effort is Operation Lone Star. Texas has spent $11 billion to deploy Department of Public Safety troopers and National Guard soldiers to the border to erect razor wire and other barriers and arrest migrants for breaking state laws.
The conflict between state and national responsibilities over immigration has made this a major issue in most elections on the ballot this fall.
Here’s what you need to know about the immigration issue, who has authority over immigration laws and what races to watch.
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The president: Whoever is elected president will play a prominent role in setting immigration policy, but the president’s recommendations need to be approved by Congress. Recent presidents have used executive orders to instruct federal agencies on how to use their resources within the parameters of laws that have been established by Congress.
Congress: There has not been a comprehensive immigration reform bill in nearly 40 years. However, any significant changes to federal immigration law would have to be approved by Congress.
State Legislature: One of the most significant actions the Texas Legislature can take on immigration is funding efforts such as Operation Lone Star. So far the Texas House and Senate have approved $11 billion to put DPS troopers and National Guard soldiers at the border. The Legislature also voted in its last session to pass SB4, a bill that would give local law enforcement broad authority to arrest people they suspect of being in the country illegally. That law is on hold pending a court challenge.
Courts: Federal courts, federal appeals courts and the Supreme Court have a say on whether laws and executive orders related to immigration are in line with the Constitution.
Local officials: Local elected officials such as city council members and county commissioners have minimal day-to-day authority over immigration and border policy, though they could play a role in whether cities actively enforce efforts such as SB4.
The Deferred Action for Childhood Arrivals program was created by President Barack Obama’s executive order in 2012 and has faced legal challenges by several Republican-led states, including Texas. In 2023, a federal judge in Texas ruled DACA was unconstitutional. An appeals court is reviewing that ruling. DACA is a migration policy that allows people who did not enter the country legally as children to have their deportation deferred and to get a work permit if certain requirements are met.
President Trump used his executive powers to ban migrants from several Muslim-majority countries, reappropriate funds to build a wall along the U.S.-Mexico border and enact the Migrant Protection Protocols, which forced asylum-seekers to wait in Mexico for hearings in U.S. immigration courts. The program, known as “Remain in Mexico,” was ended under Biden.
In 2017, Abbott signed a bill passed by Texas lawmakers that banned sanctuary cities – generally characterized as cities that limit local law enforcement’s cooperation with federal immigration officials.
Last year, the Texas Legislature passed a sweeping bill that authorized state and local police to arrest undocumented migrants and gave state judges the power to deport migrants who cross the border illegally.
President: Whoever wins the presidential election will have a say in setting national immigration policy. Additionally, whoever becomes president will have the ability to appoint federal judges, including filling any Supreme Court vacancies that come up during their term in office.
U.S. Senate: The Democrats maintain a 51-49 majority in the Senate, so every Senate race could have an impact on the balance of power in that house. In Texas, Sen. Ted Cruz is opposed by Democrat Colin Allred.
U.S. House: Republicans hold a slim majority in the U.S. House, 217-213. The four-seat advantage again makes each race important to the balance of power in the House. There are nine races in North Texas that could impact which party controls the House.
Texas State Legislature: State lawmakers vote on the state budget that includes funding for the Texas Department of Public Safety to have troopers stationed down at the border. There are several North Texas races for the Texas House and Texas Senate that will be on the ballot. Republicans control both chambers, holding a 19-12 majority in the Senate and an 86-64 majority in the House.
Check out our Voter Guide, available Sept. 30, to learn more about the candidates running.