Republicans are pushing for the FBI to help force Texas Democrats to return to the state amid a protest over a congressional map the GOP wants to pass, which would potentially net them five additional seats in the 2026 midterms. Sen. John Cornyn (R-Texas) wrote to FBI Director Kash Patel this week, urging the agency to help Republicans bring back Democrats to the Lone Star State. President Trump left open the possibility on Tuesday, saying “they may have to.” The statements from Trump and Cornyn mark a remarkable escalation in an already heated redistricting battle that started in Texas and has since fanned out across the country.
The FBI has not commented on the issue, and some experts appear skeptical that the agency could intervene in the matter. Richard Painter, who served as associate counsel to the president in the White House counsel’s office during former President George W. Bush’s second term, said that the only federal law that he thinks is being violated in Texas and in Illinois and several other states is voting rights. Anthony Michael Kreis, an associate professor at Georgia State University College of Law, also poured cold water on the idea, stating that there is no reasonable basis that arresting Texas legislators will prevent the commission of a federal crime.
Democrats have heavily criticized Republicans’ efforts to push the FBI to get involved in detaining Texas lawmakers, with Rep. Joaquin Castro (D-Texas) posting on social media that impeached Ken Paxton and twice impeached Donald Trump are threatening to send the FBI after Texas House Democrats. However, Republicans are not facing many good options in terms of forcing Democrats to come back to the state.
