Texas House Bill HB892

Texas 2011 - 82nd Regular

• Out of House Committee: 4/7/11
• Introduced: 1/26/11
• Voted on by House: 5/15/11
• Refer: 2/24/11
• Report Pass: 3/29/11
• Engrossed: 5/15/11
• Refer: 5/16/11

Caption

Relating to the creation of the offense of unlawful transport of an illegal alien.

Impact

If passed, this legislation would categorize unlawful transport of an illegal alien as a state jail felony, with enhanced penalties leading to a third-degree felony if the act is done for financial gain or if it creates a significant risk of bodily injury to the illegal alien. This marks a stringent approach towards addressing immigration-related offenses and reflects Texas's ongoing discussions and efforts surrounding border control and illegal immigration policies.

Summary

House Bill 892 aims to establish the offense of unlawful transport of an illegal alien, amending Chapter 20 of the Penal Code to include specific provisions regarding this act. The bill defines an 'illegal alien' as an individual who is not a citizen or national of the United States and is unlawfully present in the country. It stipulates that an offense is committed when a person knowingly transports an illegal alien in a manner intended to conceal that individual from law enforcement.

Contention

While supporters of HB892 may argue that the bill is a necessary response to illegal immigration and facilitates law enforcement's ability to enforce immigration laws, opposition may arise from civil rights advocates who argue that such measures may lead to racial profiling and discrimination. The implications of the bill potentially expanding the scope of law enforcement's authority can raise concerns about civil liberties and the treatment of individuals who may be unjustly targeted.

Notable_points

The bill includes an affirmative defense for individuals related to the illegal alien within the third degree of consanguinity or affinity, which could be a point of contention among legislators who feel that this may unintentionally protect some individuals from prosecution. The additional context of this bill comes against a backdrop of heightened scrutiny and debate over immigration laws at both the state and federal levels.