Texas House Bill HB4

Texas 2023 - 88th 3rd C.S.

• Filed: 10/13/23
• Out of House Committee: 10/23/23
• Voted on by House: 10/26/23
• Out of Senate Committee: 11/2/23

Caption

Relating to the creation of the criminal offense of improper entry from a foreign nation and indemnification of certain claims relating to the enforcement of that offense.

Impact

The enactment of HB4 is expected to significantly alter the landscape of Texas immigration law. It aims to streamline the process through which law enforcement can act against individuals entering the state illegally, giving them powers that extend beyond arrest to include removal operations. This bill specifically categorizes the offense of illegal entry as a Class B misdemeanor, with escalating penalties for repeat offenders. Local governments may also be liable for indemnification in lawsuits that arise from actions taken to enforce this law, which adds a layer of liability for officials acting in compliance with the new provisions.

Summary

House Bill 4 (HB4) seeks to enhance border security in Texas through the establishment of a new criminal offense, focusing on the improper entry from foreign nations. This legislation allows state law enforcement officials to detain individuals entering the state illegally and establishes penalties for those violating these regulations. The bill tracks existing federal immigration laws and is presented as a response to local concerns about drug trafficking and unauthorized immigration, aligning state practices with federal protocols to ensure safe and secure borders.

Sentiment

The overall sentiment surrounding HB4 is deeply polarized. Supporters, primarily from the Republican party and law enforcement, argue that the bill will enhance security and provide necessary tools to combat illegal immigration. Conversely, opponents, including some Democrats and civil rights advocates, express concerns about potential overreach, the bill's implications for family unity, and the risk of increased racial profiling. Criticism also highlights fears that such legislation could lead to unwarranted detentions of innocent individuals who may have entered the state for legitimate reasons.

Contention

Notable points of contention include the balance between enforcing immigration laws and protecting individual rights. Critics argue that the bill imposes harsh penalties that could disproportionately affect families, particularly those with mixed immigration statuses. Moreover, the emphasis on detention facilities as part of the enforcement strategy under Operation Lone Star raises alarms about humane treatment and operational transparency. This tension reflects broader debates in the state and nation about immigration policy, local autonomy in law enforcement, and community values.

Texas Constitutional Statutes Affected

Penal Code

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

• Chapter 51. Illegal Entry Into This State
  • Section: New Section

Civil Practice And Remedies Code

• Chapter 117. Liability For And Indemnification Of Certain Claims Relating To Enforcement Of Certain Criminal Offenses Involving Illegal Entry Into This State
  • Section: New Section
  • Section: New Section

• Chapter 5. Rule Of Decision
  • Section: New Section

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section