Relating to the creation of the offense of criminal trespass by illegal aliens and to certain procedures for arresting illegal aliens suspected of committing criminal offenses.
Impact
The legislation directly impacts Texas law by expanding the definitions of criminal trespass to include the specific status of being an illegal alien. This could lead to more arrests and prosecutions under these new provisions, effectively criminalizing actions that were previously not classified as trespassing. Local law enforcement agencies would be required to adapt their procedures in response to the new class of misdemeanor, potentially leading to increased interactions with federal immigration authorities.
Summary
House Bill 49 aims to establish a new offense of criminal trespass specifically for individuals identified as illegal aliens. This bill proposes amendments to the Penal Code, introducing Section 30.055 which states that a person who is not a citizen of the United States commits a Class B misdemeanor if they enter or remain on public or private property in violation of federal immigration laws. By creating this new category of trespass, HB49 seeks to impose additional legal consequences for undocumented individuals who unlawfully occupy private or public spaces in Texas.
Contention
While proponents argue that HB49 enhances public safety and provides law enforcement with necessary tools to address illegal immigration, critics raise concerns over the implications for civil rights and community trust. They argue that such laws may encourage racial profiling, further marginalizing vulnerable populations. Additionally, the relationship between local law enforcement and immigrant communities could be strained as individuals might fear contacting authorities due to the risk of deportation, thereby compromising public safety overall. These points of contention highlight the tensions between immigration enforcement and community trust in law enforcement.
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.
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 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.
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.
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 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.