Texas Senate Bill SB1091

Texas 2015 - 84th Regular

Caption

Relating to criminal trespass by an unauthorized immigrant; creating a criminal offense.

Impact

The implementation of SB1091 would amend the Texas Penal Code, adding a layer of legal accountability for unauthorized immigrants. The offense is designated as a Class B misdemeanor, with escalated penalties resulting in a state jail felony for repeat offenders or those who have been deported within a specific time frame. This bill may lead to increased interactions between local law enforcement and immigrant communities, potentially heightening fears of police involvement among those without legal documentation. It also reflects a broader trend toward stricter immigration enforcement at the state level.

Summary

SB1091 introduces an offense specifically targeting unauthorized immigrants who enter or remain on public or private property in Texas without possessing proper documentation. The bill outlines that a person commits a criminal trespass if they fail to carry a valid certificate of alien registration or alien registration receipt card. It establishes the parameters for prosecution, including a provision that allows for the dismissal of charges if the individual can present valid documentation post-incident. The proposed legislation grants judges the authority to defer proceedings if a defendant agrees to leave the United States within a specified timeframe following a guilty or no contest plea.

Contention

Debates surrounding SB1091 largely reflect national issues regarding immigration policy. Supporters may argue that the bill enhances public safety by ensuring that undocumented individuals comply with immigration laws and do not unlawfully occupy property. Conversely, critics could argue that the bill criminalizes basic survival for many immigrants, exacerbating fears of law enforcement and leading to greater distrust within immigrant communities. This contention raises concerns about the balance between enforcing laws and upholding the rights and dignity of individuals seeking a place in society.