Texas Governor Greg Abbott recently signed Senate Bill 4 (SB4), making it a state crime to illegally cross the Texas-Mexico border. This law, likely to spur a legal confrontation with the federal government, positions illegal border crossing as a Class B misdemeanor, with penalties including up to six months in jail.
Repeat offenders could face a second-degree felony, punishable by two to 20 years in prison. SB4 also increases the minimum sentence for smuggling immigrants or operating a stash house from two to 10 years.
Critics argue that SB4 is unconstitutional, as immigration enforcement is a federal responsibility. Immigrant rights organizations, Democrats, and former immigration judges have expressed concerns that the law threatens the safety and dignity of asylum seekers and undermines the principles of the legal system. They contend that the law challenges the authority of the federal government over immigration and foreign policy.
U.S. Representative Joaquin Castro, along with other Democratic members of Congress, has urged the U.S. Department of Justice to take legal action against Texas to prevent the enactment of this legislation. They argue that it is both unconstitutional and dangerous.
The law includes a provision allowing a judge to drop charges if a migrant agrees to return to Mexico. However, it faces potential complications if the Mexican government refuses to accept certain migrants deported by Texas.
The law also specifies certain locations where police are prohibited from arresting migrants, such as schools, churches, health care facilities, and places providing medical examinations to sexual assault survivors.
This move by Texas follows previous attempts by states like Arizona to empower local police in immigration enforcement. In 2010, Arizona passed Senate Bill 1070, which was later partially invalidated by the U.S. Supreme Court, reaffirming that immigration enforcement is a federal responsibility
When does SB4 take effect?
Senate Bill 4, which criminalizes illegal border crossings in Texas and escalates penalties for human smuggling, is set to take effect in early March. The law regarding human smuggling will become effective in early February.
What does SB4 do?
SB4 makes it a state crime to illegally cross the Texas-Mexico border, a move likely to lead to a legal battle with the federal government. It categorizes illegal border crossing as a Class B misdemeanor, with up to six months in jail for first-time offenders and a second-degree felony, punishable by two to 20 years in prison, for repeat offenders. The bill also raises the minimum sentence for smuggling immigrants or running a stash house