Relating to the procedure following the apprehension of an undocumented individual by the Department of Public Safety for illegal entry into this state from Mexico during certain declared disasters; creating a criminal offense.
Impact
The introduction of HB 11 would significantly alter the current landscape of immigration enforcement within Texas. By clearly laying out procedures for the apprehension and processing of undocumented individuals during times of disaster, this bill emphasizes a stricter approach to border security. The legal ramifications for non-compliance could lead to increased criminal charges for individuals, thereby possibly deterring illegal entry during such periods. This law aims to work in conjunction with existing federal immigration policies while giving state enforcement officials explicit authority during emergencies.
Summary
House Bill 11 seeks to establish procedures for the handling of undocumented individuals apprehended for illegal entry from Mexico, particularly during declared disasters in Texas. The bill defines 'undocumented individual' and outlines the responsibilities of peace officers in cases where apprehension occurs in areas facing a declaration of disaster. Specifically, it mandates that apprehended individuals must be collected for identification, transported to a port of entry, and ordered to return to Mexico. Failure to comply with this order is classified as a third-degree felony under the proposed law.
Sentiment
The sentiment surrounding HB 11 is largely supportive amongst legislators prioritizing strict border control measures, especially in disaster regions where unauthorized entries may spike. Proponents argue that the bill provides essential tools for law enforcement to manage immigration issues effectively, especially when state resources may already be stretched thin due to emergencies. However, there are also concerns from advocacy groups and opposition members regarding the potential human rights implications and ethical considerations associated with criminalizing undocumented individuals, especially during vulnerable disaster situations.
Contention
Critics of the bill argue that classifying the refusal to return to Mexico as a felony could lead to unwarranted criminalization of individuals who may already be in precarious conditions due to disasters. This has raised alarms about the possibility of disproportionate enforcement against certain communities and the ethical ramifications of forcing individuals to return to potentially dangerous situations. Additionally, there are broader questions about the impact on local law enforcement resources and community relations that could arise from enforcing such legislation, as well as its alignment with federal immigration law.
Texas Constitutional Statutes Affected
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
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 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.
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.
Relating to the protection of this state and its citizens from border invasion or imminent danger from border security breaches; creating a criminal offense.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.