AUSTIN, Texas — Two border security bills are now in the hands of the Texas House, one of which has prompted concern by immigration rights groups about the legality of such legislation.
Gov. Greg Abbott prioritized border security and school educational savings accounts.
Senate Bill 11 gives state police the ability to arrest migrants who fail to enter Texas through authorized ports of entry.
Offenders face a misdemeanor charge, although they could be upgraded depending on the defendant’s criminal past.
Supporters say the bill aims to enhance safety in border regions as a response to distress by landowners, residents and businesses.
Immigration attorney Gerardo Menchaca said this type of legislation is nothing new and would likely be challenged in the courts if passed.
“I don’t believe this bill is actually going to become the law of the land that prevails,” Menchaca said. “Every two years you hear proposals of laws similar to this one, not just in Texas but throughout many states and in the end they end up not becoming law because they are stepping on the toes of federal immigration law, which is forbidden by the Supreme Court.”
Domingo Garcia, national president of the League of United Latin American Citizens (LULAC) takes issue with what he calls “unconstitutional” legislation, fearing the potential impacts on migrants if it becomes law. Critics have also expressed worry about county jails being overwhelmed with migrants.
“But when you make it a crime, then they’re going to go to jail as opposed to going to a court hearing,” Garcia said.
House lawmakers are also debating Senate Bill 4, legislation that proposes to increase criminal penalties for human smugglers and stash house operators. Those who are convicted of the felony charges face 5-10 year minimum sentences. Prison sentences could be lowered if the smuggler is related to the person being smuggled.
“LULAC supports going after human traffickers and people engaged and exploiting and abusing immigrants either as slave labor or sex trafficking,” Garcia said.
More than 2.8 million migrants have encountered authorities when crossing into the U.S. between January and August this year, according to U.S. Customs and Border Protection, which surpasses the total number in 2022.