Texas House Bill HB1600

Texas 2023 - 88th Regular

• Filed: 3/9/23
• Out of House Committee: 5/2/23

Caption

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.

Impact

If enacted, HB 1600 would amend the Texas Penal Code to include this new offense, effectively criminalizing illegal entry at the state level, which has significant implications for state law. Supporters argue that this law is necessary for state protection in light of federal government's perceived failure to enforce existing immigration laws. The bill could lead to increased prosecutions for illegal entry and impact local jurisdictions tasked with handling those cases, potentially overwhelming the existing legal resources in Texas.

Summary

House Bill 1600 aims to create a new criminal offense for illegal entry into Texas from Mexico for individuals who are not citizens or legal permanent residents of the United States. The bill defines illegal entry as crossing the Texas-Mexico border at locations other than designated ports of entry and stipulates that the punishment for such an offense would be a third-degree felony on first offenses and a second-degree felony for subsequent offenses. This legislation is a response to the ongoing immigration crisis, which supporters suggest is exacerbated by drug trafficking and cartel activities across the border.

Sentiment

The sentiment surrounding HB 1600 is deeply polarized. Supporters view it as a crucial measure to enhance state sovereignty over immigration enforcement, claiming it is necessary for ensuring public safety and curtailing drug cartel influence. Conversely, opponents, including civil rights advocates, argue that the bill encroaches upon federally regulated territory and could lead to a myriad of legal challenges due to conflicts with federal immigration laws. Critics also express concern about the potential human rights implications and the possibility of increased racial profiling targeting immigrants.

Contention

Notable contention surrounding HB 1600 stems from its conflict with federal law. Critics argue that by establishing a state-level felony for illegal entry, the bill may face challenges in court, as immigration enforcement is typically within federal jurisdiction. Additionally, the bill's advocates emphasize the need for stronger border enforcement due to perceived federal inaction, while detractors highlight how the bill could exacerbate problems related to immigration by overcriminalizing individuals seeking entry into the U.S. These debates signal broader discussions about immigration policy and state versus federal responsibilities.

Texas Constitutional Statutes Affected

Penal Code

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