Texas Immigration Cases Surge to Record Levels

Federal prosecutors in Texas file immigration criminal cases at unprecedented pace, straining judicial system

Feb. 9, 2026 at 5:15pm

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Federal prosecutors in Texas are filing immigration criminal cases at a record pace, pushing routine immigration enforcement deeper into the federal criminal court system. Last year, two districts in Texas - the Southern and Western District - recorded 25,506 immigration criminal cases, breaking all previous records. This trend is continuing in 2026, with weekly filings in the Southern District reaching over 300 cases in January. Prosecutors have also expanded programs like Operation Pick Off, which uses state probation and arrest records to initiate federal immigration charges against non-citizens already under local supervision. The heavy workload has worsened due to staffing issues, with four judicial positions remaining vacant in the Southern District.

Why it matters

The surge in immigration cases has profoundly impacted the judicial court system throughout Texas. It highlights the federal government's increased focus on criminal immigration enforcement, which has diverted resources from other priorities like drug enforcement and community policing. The legal environment has also led to a high volume of habeas corpus petitions challenging detention, further straining the courts.

The details

The increase follows a March 2025 memorandum from the Deputy Attorney General that formally launched Operation Take Back America, which instructs federal prosecutors to prioritize criminal charges for illegal entry and illegal re-entry. Prosecutors in the Southern District have also expanded Operation Pick Off, which uses state probation and arrest records to initiate federal immigration charges against non-citizens already under local supervision. The heavy workload in the Southern District's federal courts has worsened due to staffing issues, with four judicial positions remaining vacant.

  • In January 2026, weekly filings in the Southern District of Texas rose sharply, reaching 334 cases from January 16-22.
  • In 2025, the Southern and Western Districts of Texas recorded 25,506 immigration criminal cases, breaking all previous records.
  • 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.

The players

Todd Blanche

Deputy Attorney General who formally launched Operation Take Back America in a March 2025 memorandum.

Nicholas J. Ganjei

Federal judge recently confirmed to the bench in the Southern District of Texas.

George C. Hanks Jr.

Judge in the Southern District of Texas who has ruled that long-term detention without a bond hearing violates constitutional due process.

David Hittner

Judge in the Southern District of Texas who has ruled that long-term detention without a bond hearing violates constitutional due process.

Charles Eskridge

Judge in the Southern District of Texas who generally supports the government's position that long-term detention without a bond hearing is legally permissible.

Sim Lake

Judge in the Southern District of Texas who generally supports the government's position that long-term detention without a bond hearing is legally permissible.

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What’s next

The Fifth Circuit Court of Appeals' recent ruling in Buenrostro-Mendez v. Bondi, which confirmed the government's ability to detain anyone who does not clearly prove their right to enter the country, is expected to further impact the legal landscape surrounding these immigration cases in Texas.

The takeaway

The surge in immigration prosecutions in Texas has overwhelmed the judicial system, leading to staffing shortages, a backlog of cases, and conflicting rulings on the legality of long-term detention without bond hearings. This highlights the broader tensions around the federal government's approach to immigration enforcement and its impact on local communities.