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
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.
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.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
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.
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.
A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties.(See SF 2340.)
A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties.
A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties.
A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties.(See HF 2567.)