Texas 2023 - 88th 4th C.S.

Texas Senate Bill SB4

Filed
11/7/23  
Out of Senate Committee
11/9/23  
Voted on by Senate
11/9/23  
Out of House Committee
11/10/23  
Voted on by House
11/14/23  
Governor Action
12/18/23  

Caption

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

Impact

Should SB4 be enacted, its provisions will amend state law to create new criminal offenses under the Penal Code, specifically addressing unauthorized entry into Texas from foreign nations. It also imposes serious legal consequences for individuals found to be in the state illegally after previous deportation. This represents a significant tightening of enforcement capabilities around immigration, particularly as it opens avenues for more legal actions against undocumented individuals. Moreover, the bill could alter the landscape of local law enforcement’s engagement in immigration matters, likely leading to increased arrests and deportation proceedings.

Summary

Senate Bill 4 (SB4) is a legislative proposal aimed at strengthening Texas's enforcement against illegal immigration, specifically targeting individuals who enter or remain in the state unlawfully. The bill outlines new criminal offenses related to illegal entry and illegal presence, detailing specific enforcement actions and outlines for legal repercussions. It aims to provide law enforcement with enhanced tools and protections, including immunity from liability for actions taken during the enforcement of this bill. This marks a significant shift in Texas's approach to immigration enforcement, reflecting growing concerns about border security and public safety from various stakeholders.

Sentiment

The sentiment surrounding SB4 is sharply divided, with proponents arguing that it is essential for maintaining law and order and enhancing public safety in the face of perceived threats from illegal immigration. Supporters claim that the bill provides necessary tools for local law enforcement to act decisively against illegal immigration activities. Conversely, critics highlight concerns over potential civil rights violations, increased racial profiling, and community distrust of law enforcement. There are fears that such strong enforcement measures may lead to detrimental impacts on families and children, particularly among minority communities.

Contention

The main points of contention regarding SB4 include debates over its constitutionality and the ethical implications of its enforcement methods, particularly regarding racial profiling. Foes of the bill argue that it may disproportionately target vulnerable populations and violate their rights, with concerns raised about its consistency with federal immigration policies. The legislation underscores a fundamental dichotomy between prioritizing strict immigration enforcement and upholding civil liberties, which could lead to extended legal battles, emphasizing the contentious nature of immigration policy in Texas.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 5. Family Violence Prevention
    • Section: New Section
    • Section: New Section
  • Chapter 42. Judgment And Sentence
    • Section: New Section
  • Chapter 66. Criminal History Record System
    • Section: New Section
  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 51. Illegal Entry Into This State
    • Section: New Section
    • Section: New Section
    • 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
    • Section: New Section
  • Chapter 5. Rule Of Decision
    • Section: New Section

Government Code

  • Chapter 508. Parole And Mandatory Supervision
    • Section: 145
    • Section: 149

Companion Bills

TX HB4

Identical Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

Similar Bills

TX HB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX HB4

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.

VA SB1283

Correctional facilities, state and regional; private management prohibited.

PA HB1143

Amending the act of July 9, 1970 (P.L.484, No.164), entitled "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers and indemnification agreements relating to snow removal or ice control services," further providing for title of act; and providing for indemnification agreements relative to construction contracts, including agreements for architectural, engineering or land surveying services.

TX HB40

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.