Texas House Bill HB54

Texas 2023 - 88th 4th C.S.

• Filed: 11/7/23

Caption

Relating to the procedure following the apprehension of an undocumented individual by the Department of Public Safety for illegal entry into this state from Mexico during certain declared disasters; creating a criminal offense.

Impact

Should HB54 be enacted, it would specifically impact state laws regarding the apprehension and handling of undocumented individuals. The bill mandates that peace officers collect identifying information from apprehended individuals, transport them to a port of entry, and order their return to Mexico. Furthermore, it introduces a felony charge for undocumented individuals who refuse to comply with an order to return, significantly heightening the legal consequences for non-compliance. This could lead to an increase in the criminalization of undocumented individuals under Texas law, reinforcing the state's commitment to stricter border enforcement.

Summary

House Bill 54 (HB54) proposes a new procedure following the apprehension of undocumented individuals who illegally enter Texas from Mexico, particularly during declared disasters. The bill is aimed at addressing concerns regarding border security and immigration control within specific counties affected by such disasters. By introducing this legislation, the government seeks to streamline the process for law enforcement in handling undocumented individuals, ensuring that they are promptly returned to Mexico as per the established protocols outlined in the bill.

Sentiment

The sentiment surrounding HB54 appears to be supportive among legislators who favor stricter immigration policies and enforcement at the state level. Proponents argue that the bill is a necessary measure to protect Texas during times of declared disasters and to reinforce the rule of law regarding illegal immigration. However, there may also be significant opposition to the bill, particularly from advocacy groups concerned about the potential human rights implications and the criminalization of individuals seeking asylum or entering the country for other reasons.

Contention

Notable points of contention surrounding HB54 include the implications of expanding police powers and the potential for increased racial profiling during immigration enforcement. Critics of the bill may argue that the mandatory procedures outlined could lead to undue hardships for undocumented individuals, particularly in disaster-stricken areas where they may seek refuge. Additionally, there are concerns over the bill's alignment with federal immigration laws and the capacity of local law enforcement to adequately handle the complexities of immigration enforcement without overstepping legal boundaries.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
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