Texas House Bill HB4

Texas 2023 - 88th 4th C.S.

• Filed: 11/7/23
• Out of House Committee: 11/10/23

Caption

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.

Impact

The implementation of HB4 is expected to significantly affect state laws regarding immigration enforcement. It offers civil immunity to local government officials and employees against damages stemming from enforcement actions related to illegal immigration, creating a protective framework that encourages law enforcement to act without fear of legal repercussions. The bill also amends the Code of Criminal Procedure, expanding definitions surrounding enforcement and creating guidelines for how illegal entry cases should be handled in the judicial system. This legislative change fundamentally redefines the legal landscape for immigration enforcement in Texas.

Summary

House Bill 4 (HB4) addresses illegal entry and presence in Texas by individuals classified as aliens. The bill establishes and enforces several provisions aimed at curbing unlawful immigration, including creating criminal offenses for illegal entry from foreign nations. It categorizes illegal entry attempts and actual presence in the state as misdemeanors or felonies based on prior criminal records. Additionally, the bill permits magistrates to order individuals to return to their country of origin under specified conditions and provides law enforcement with guidelines on enforcement limits in sensitive locations such as schools and healthcare facilities.

Sentiment

The sentiment surrounding HB4 is sharply divided. Proponents, primarily from conservative sectors, see it as a necessary measure to enhance security and strengthen immigration law enforcement. They argue that it upholds the rule of law and reduces instances of illegal immigration. Conversely, opponents criticize the bill as overly punitive and fear it may lead to racial profiling and violation of individuals' rights, particularly for vulnerable populations. The discussions reflect a fundamental tension between public safety concerns and civil liberties, showcasing the ongoing debate surrounding immigration policy.

Contention

Notable points of contention within HB4 include concerns about undermining community relations with law enforcement, particularly in immigrant-heavy areas. Critics argue that the bill may lead to chilling effects on crime reporting among immigrant communities, as individuals may fear deportation rather than reaching out for help. The enforcement prohibitions in sensitive areas are a focal point for dissenters, who believe that these limitations are insufficient to protect individuals from unlawful ICE detentions. Furthermore, the distinction made between varying degrees of offenses raises concerns about fairness and justice in how immigration laws are enforced.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 1. General Provisions
  • Section: New Section
  • Section: New Section

Civil Practice And Remedies Code

• Chapter 5. Rule Of Decision
  • Section: New Section
  • Section: New Section

Government Code

• Chapter 508. Parole And Mandatory Supervision
  • Section: 145
  • Section: 149