Texas House Bill HB23

Texas 2023 - 88th 3rd C.S.

• Filed: 10/6/23

Caption

Relating to the creation of the criminal offense of improper entry from a foreign nation.

Impact

The introduction of HB 23 is expected to significantly impact state laws surrounding immigration enforcement. The bill creates a specific criminal charge related to unauthorized entry and seeks to streamline prosecution processes for such offenses. It could lead to increased law enforcement activity as officers will be instructed to detain individuals suspected of violating this new law, potentially shifting how immigration-related offenses are handled on a local level.

Summary

House Bill 23 establishes the criminal offense of 'improper entry from a foreign nation' in Texas. This bill applies specifically to aliens who enter the state unlawfully or attempt to enter without proper inspection by immigration officials. Offenders may face varying degrees of penalties based on their previous convictions, ranging from a Class A misdemeanor to a felony of the first degree. The legislation is part of a broader push to address border security and immigration enforcement within the state.

Sentiment

General sentiment surrounding HB 23 is polarized, reflecting broader national debates on immigration. Supporters view the bill as a crucial measure for securing Texas borders and enforcing immigration laws effectively. They argue that it provides law enforcement with the necessary tools to combat unlawful entry. Conversely, critics express concern that such a law may foster racial profiling and undue hardship on individuals seeking asylum or those with pending immigration statuses, thereby undermining civil liberties.

Contention

Notable points of contention include the bill's potential to criminalize behaviors that politically and ethically contentious. Opponents argue that the affirmative defenses included may not adequately protect vulnerable populations, such as those approved for Deferred Action for Childhood Arrivals (DACA). Additionally, there are worries about the implications for local law enforcement, particularly regarding their role and capability to handle immigration-related arrests under state jurisdiction. The bill's impact on potential legal challenges for its constitutionality is also a significant topic of discussion.

Texas Constitutional Statutes Affected

Penal Code

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