A Steep Rise In Texas Immigration Cases

Federal prosecutors in Texas are filing immigration criminal cases at a record pace, pushing routine immigration enforcement deeper into the federal criminal court system. That’s profoundly impacted the judicial court system throughout the state.

The increase follows a March 6, 2025 memorandum from Deputy Attorney General Todd Blanche formally launching Operation Take Back America, which instructs federal prosecutors to prioritize criminal charges for illegal entry and illegal re-entry. The new Operation redirects resources from the Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhoods programs to implement core policy objectives, including repelling illegal immigration, eliminating cartels and transnational criminal organizations, and combating illegal trafficking of drugs and human beings.

Last year, two districts in Texas – the Southern and Western District – recorded 25,506 immigration criminal case, breaking all previous records. And that trend is continuing in 2026.

In the Southern District of Texas, weekly filings rose sharply in December and January. From January 16 through January 22, 334 cases were filed in the Southern District. The breakdown includes 104 for first-time illegal entry and 206 for re-entry after deportation, with re-entry comprising approximately 62% and first-time entry about 31%.

Prosecutors in the Southern District have also expanded Operation Pick Off. This program uses state probation and arrest records to initiate federal immigration charges against non-citizens already under local supervision.

Launched in August 2025, Operation Pick Off initially resulted in the arrest of 67 individuals in the Rio Grande Valley area and was later extended to Laredo, where 28 additional arrests occurred in September 2025, including a convicted murderer and others under state supervision for offenses such as DUI or probation violations.

The heavy workload in the Southern District's federal courts has worsened due to staffing issues. Four judicial positions remain vacant. On February 3, the Senate confirmed Nicholas J. Ganjei, who had previously served as an attorney in SDTX, to the federal bench. Earlier, with 14 active judges, the average number of immigration criminal cases in 2025 was more than 997 per judge (not counting other types of cases).

In the Western District of Texas, immigration prosecutions also remained elevated at the end of 2025 and into early 2026. Weekly filings in January ranged from about 190 to 230 cases. For the full year, the district reported 11,542 immigration criminal cases and 652 civil immigration cases.

In the Western District of Texas, including the El Paso area, the number of habeas corpus petitions challenging detention from detained migrants grew to 759 in 2025. In El Paso itself, the number of such petitions reached almost 300. Federal courts often schedule bond hearings weeks or months after the detained migrant files the petition.

Along with the rise in criminal cases, significant changes have occurred in how courts handle habeas corpus petitions, which are legal filings used to challenge immigration detention. Following a September 5, 2025, decision by the Board of Immigration Appeals in Matter of Yajure-Hurtado, the government began classifying individuals who entered without inspection (EWI) as "applicants for admission" under section 235(b) of the immigration law. This change means that federal authorities now treat long-term residents the same as individuals who arrived at the border just recently. Consequently, these individuals lose their eligibility for bond hearings in immigration court and must remain in custody during their legal proceedings. 

On February 6, 2026, the Fifth Circuit Court of Appeals confirmed this practice in Buenrostro-Mendez v. Bondi, ruling that the government must detain anyone who does not clearly prove their right to enter the country. In the Southern District of Texas, judges have applied this ruling differently. Judges George C. Hanks Jr. and David Hittner continue to release some detainees by ruling that long-term detention without a bond hearing violates constitutional due process. In contrast, Judges Charles Eskridge and Sim Lake generally support the government's position that such detention is legally permissible. 

This legal environment has led to a high volume of filings; in January 2026, habeas corpus petitions accounted for 75% of new civil cases in the Western District of Texas, increasing the workload for federal prosecutors. Other factors affecting these cases include the 2025 Laken Riley Act, which expanded mandatory detention, and a requirement for non-citizens to register under Form G-325R. Failure to register can lead to re-arrest even after a court orders a release.

According to TRAC, immigration courts nationwide had more than 3.4 million pending cases as of September 2025, with average wait times exceeding 600 days.

Under the One Big Beautiful Bill Act, EOIR is capped at 800 permanent immigration judges through 2028, limiting civil immigration capacity even as federal prosecutors expand criminal immigration enforcement.

Texas remains among the states most affected by the imbalance.