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.
Impact
The legislation is significant as it introduces new criminal charges related to immigration violations while reaffirming Texas's commitment to border security. In addition to law enforcement measures, the bill includes provisions for local governments, indicating they must indemnify employees for actions taken in the enforcement of these new rules. This could entail increased responsibilities for local law enforcement agencies and a possible rise in resources allocated to combat illegal immigration.
Summary
Senate Bill 2424 seeks to address illegal immigration by establishing criminal offenses for individuals who enter Texas from Mexico without proper authorization. The bill specifically targets non-citizens and legal permanent residents attempting to cross the Texas-Mexico border at any point other than designated ports of entry. Violation of this statute would incur a Class B misdemeanor charge, which escalates to a state jail felony for repeat offenders. Furthermore, the bill allows peace officers to remove detained individuals by collecting their information and escorting them back to a port of entry.
Sentiment
Reactions to SB 2424 have been notably polarized. Supporters argue that the bill is a necessary step to enhance border security and manage the ongoing challenges related to illegal immigration in Texas. However, critics contend that the criminalization of illegal entry could lead to increased racial profiling and undermine the rights of individuals, especially those protected under the Deferred Action for Childhood Arrivals (DACA) program. The debate highlights the tension between law enforcement initiatives and the potential civil rights implications.
Contention
Notable points of contention include the provisions regarding individuals with DACA status, which some legislators seek to protect from prosecution under this new law. Amendments have been proposed to clarify that the bill should not target or penalize DACA recipients, highlighting concerns over how the law would be implemented in practice. Such discussions reflect broader societal debates on immigration policy, individual rights, and state versus federal jurisdictions.
Texas Constitutional Statutes Affected
Penal Code
Chapter 51. Illegal Entry Into This State
Section: New Section
Chapter 38. Obstructing Governmental Operation
Section: New Section
Section: New Section
Section: New Section
Civil Practice And Remedies Code
Chapter 102. Tort Claims Payments By Local Governments
Section: New Section
Chapter 104. State Liability For Conduct Of Public Servants
Section: New Section
Local Government Code
Chapter 157. Assistance, Benefits, And Working Conditions Of County Officers And Employees
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 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.
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.