Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB11

Filed
10/5/23  
Out of Senate Committee
10/11/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the criminal offense of improper entry from a foreign nation.

Impact

The implications of SB11 are significant for Texas law, as it creates a direct mechanism to penalize unauthorized immigration at the state level. It is designed to operate independently of federal immigration law, asserting state authority in managing border security. By increasing penalties for repeat offenders, the bill aims to deter illegal entry, thus affecting many individuals who might seek refuge or a better life in Texas. Proponents argue that it bolsters the state’s ability to enforce its laws effectively.

Summary

Senate Bill 11 (SB11) establishes a new state crime concerning illegal entry into Texas from foreign nations. It permits state law enforcement agencies to arrest individuals who cross the border outside of designated entry points, thus criminalizing unauthorized entry. The bill categorizes this as a Class A misdemeanor for first offenses, with possible escalations to felony charges based on the individual’s previous legal encounters regarding this crime. The legislation aims to provide enhanced tools to law enforcement in combating unauthorized immigration and improving border security.

Sentiment

The sentiment surrounding SB11 is deeply divided along political lines. Supporters, primarily from conservative factions, view the bill as an essential move toward maintaining state security and lawfulness. They believe it will aid law enforcement in managing border issues more effectively. Conversely, opponents, including various advocacy groups, express concerns it might lead to increased risks of discrimination and fear within immigrant communities, stating it could criminalize vulnerable individuals seeking better opportunities.

Contention

Key points of contention revolve around how SB11 affects immigrant rights and community safety. Critics worry that criminalizing entry could lead to misuse of law enforcement powers and exacerbate existing societal fears surrounding immigration. Interestingly, the bill includes affirmative defenses for certain individuals, such as those who can prove lawful presence or comply with federal immigration rules, which some see as a necessary protective measure. Nonetheless, the overarching debate continues, indicating the bill's potential to reshape not only immigration enforcement but also local perceptions of safety and community dynamics.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 38. Obstructing Governmental Operation
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB23

Identical Relating to the creation of the criminal offense of improper entry from a foreign nation.

Previously Filed As

TX SB2

Relating to the creation of the criminal offense of improper entry from a foreign nation.

TX HB5270

Relating to creation of the criminal offense of improper entry from foreign nation.

TX HB5281

Relating to the creation of the criminal offense of improper entry from foreign nation.

TX SB2424

Relating to illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States; creating criminal offenses.

TX HB1600

Relating to the creation of a criminal offense for illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB800

Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB44

Relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; creating a civil penalty.

TX HB20

Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.

Similar Bills

No similar bills found.