Last month, Texas Governor Greg Abbott once again declared that illegal crossings along the Texas-Mexico border constitute an “ongoing and imminent threat” to the state. The proclamation, first issued in 2021 during the early months of the Biden administration has now been renewed or amended at least 69 times including 21 renewals while the Trump administration held federal power. Abbott’s repeated use of the disaster declaration allows him to act without the Texas Legislature, a maneuver that has drawn both praise and sharp criticism.
At the time of the original declaration—four months into President Joe Biden’s term—Border Patrol recorded more than 180,000 apprehensions in a single month along the southwest border. Abbott argued that federal inaction created a humanitarian crisis and a surge in cartel-related violence. By contrast, the Trump administration reports that migrant flows have fallen to historic lows since taking over border enforcement in January 2025. Today, monthly apprehensions average about 8,000 a dramatic decline from the early-2021 peak.
Renewals, length and political significance
The border proclamation is now Abbott’s longest-standing emergency order. Over a five-year span, he has renewed it more often than any previous Texas governor, effectively turning a temporary crisis response into a permanent instrument of governance. Political scientists note the rarity of such sustained use. Cal Jillson a professor at Southern Methodist University, called the pattern “unprecedented,” emphasizing that the emergency persists even after the original threat appears to have receded.
Beyond the border, Abbott has kept other disaster declarations alive, notably a drought emergency first declared in July 2022 and a COVID-19 disaster proclamation from 2020 that was extended for three years. These actions illustrate a broader strategy: leveraging the state’s disaster-act framework to sidestep legislative approval for budgetary and regulatory changes.
Financial outlays and non-competitive procurement
Since January 2025 two agencies central to border enforcement—the Texas Department of Public Safety (DPS) and the Texas Military Department (TMD)—have awarded more than $5 million in non-competitive contracts under the emergency umbrella. Purchases include a Ford F-150 pickup rifles, pistols, and temporary apartments for personnel. One contract alone, worth over $2 million went to Texas-based CTC Gunworks for firearms.
The ability to bypass competitive bidding stems directly from the disaster proclamation, which permits expedited purchasing when a declared emergency exists. While DPS officials assert that they still follow “best-value” principles, critics argue that the lack of competition undermines transparency and may inflate costs. The contracts have been justified as essential to sustaining Operation Lone Star the governor’s flagship border-security initiative launched in March 2021 which funds National Guard deployments, barrier construction, and grants to local prosecutors.
Scale of spending on border security
Texas allocated more than $11 billion to border-related activities during the Biden years and added another $3 billion after the Trump administration resumed control of federal enforcement. Abbott’s office also received roughly $230 million in state grants last year to distribute to local agencies participating in Operation Lone Star. This financial surge coincides with the prolonged emergency status, linking large-scale spending directly to the governor’s discretionary powers.
Legislative resistance and the future of emergency authority
State lawmakers have repeatedly attempted to rein in Abbott’s use of the disaster act. Bills introduced by members of both parties would require legislative approval for any extension of a disaster declaration, but none have cleared the Senate. Democratic Representative Mary González warned that the emergency label remains in place despite declining apprehensions, allowing “questionable appropriations under the veil of border security.”
Abbott’s spokesperson, Madeline Waschak counters that the damage caused by four years of “failed border policies under Democrat rule” persists, necessitating continued vigilance. She emphasizes that securing the border is a perpetual priority that involves combating illegal crossings, cartel smuggling, and fentanyl trafficking. The governor’s rhetoric suggests that the emergency framework will remain a cornerstone of Texas policy even as the federal landscape evolves.
Scholars such as Brandon Rottinghaus of the University of Houston note that the “quiet power of the governor” becomes entrenched once exercised, making it difficult for successors—regardless of party—to relinquish the same authority. As the next election approaches, the debate over whether emergency powers should be permanent or circumscribed is likely to intensify, shaping the balance between executive agility and legislative oversight in Texas for years to come.
