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
Should SB4 be enacted, its provisions will amend state law to create new criminal offenses under the Penal Code, specifically addressing unauthorized entry into Texas from foreign nations. It also imposes serious legal consequences for individuals found to be in the state illegally after previous deportation. This represents a significant tightening of enforcement capabilities around immigration, particularly as it opens avenues for more legal actions against undocumented individuals. Moreover, the bill could alter the landscape of local law enforcement’s engagement in immigration matters, likely leading to increased arrests and deportation proceedings.
Summary
Senate Bill 4 (SB4) is a legislative proposal aimed at strengthening Texas's enforcement against illegal immigration, specifically targeting individuals who enter or remain in the state unlawfully. The bill outlines new criminal offenses related to illegal entry and illegal presence, detailing specific enforcement actions and outlines for legal repercussions. It aims to provide law enforcement with enhanced tools and protections, including immunity from liability for actions taken during the enforcement of this bill. This marks a significant shift in Texas's approach to immigration enforcement, reflecting growing concerns about border security and public safety from various stakeholders.
Sentiment
The sentiment surrounding SB4 is sharply divided, with proponents arguing that it is essential for maintaining law and order and enhancing public safety in the face of perceived threats from illegal immigration. Supporters claim that the bill provides necessary tools for local law enforcement to act decisively against illegal immigration activities. Conversely, critics highlight concerns over potential civil rights violations, increased racial profiling, and community distrust of law enforcement. There are fears that such strong enforcement measures may lead to detrimental impacts on families and children, particularly among minority communities.
Contention
The main points of contention regarding SB4 include debates over its constitutionality and the ethical implications of its enforcement methods, particularly regarding racial profiling. Foes of the bill argue that it may disproportionately target vulnerable populations and violate their rights, with concerns raised about its consistency with federal immigration policies. The legislation underscores a fundamental dichotomy between prioritizing strict immigration enforcement and upholding civil liberties, which could lead to extended legal battles, emphasizing the contentious nature of immigration policy in Texas.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 5. Family Violence Prevention
Section: New Section
Section: New Section
Chapter 42. Judgment And Sentence
Section: New Section
Chapter 66. Criminal History Record System
Section: New Section
Chapter 1. General Provisions
Section: New Section
Section: New Section
Penal Code
Chapter 51. Illegal Entry Into This State
Section: New Section
Section: New Section
Section: New Section
Civil Practice And Remedies Code
Chapter 117. Liability For And Indemnification Of Certain Claims Relating To Enforcement Of Certain Criminal Offenses Involving Illegal Entry Into This State
Identical
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.
Relating to the creation of the criminal offense of improper entry from a foreign nation and indemnification of certain claims relating to the enforcement of that offense.
Relating to illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States; creating criminal offenses.
Relating to the creation of a criminal offense for illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution, to the provision of services to those persons, and to the prosecution of related criminal offenses.
Relating to required notice prohibiting firearms at certain businesses selling or serving alcoholic beverages and the prohibition on carrying certain weapons on those premises.
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.
Relating to the creation of the criminal offense of improper entry from a foreign nation and indemnification of certain claims relating to the enforcement of that offense.