Sunday, October 29, 2023

Texas Legislature Passes 2 Bills Criminalizing Illegal Migrant Entry into State

The Texas Legislature passed two separate bills criminalizing the illegal entry of migrants into the state. The bill passed by the House also criminalizes the unlawful presence of a foreign national in Texas. Neither bill has passed both chambers.

The Texas House of Representatives passed House Bill 4 early Thursday morning by a vote of 84-60. The bill creates a criminal offense of “illegal entry into or illegal presence in this state by a person who is an alien.”

The bill, if passed by the Texas Senate and signed by Governor Greg Abbott would make the act of attempting to enter the state from a foreign country at a place other than a legal port of entry a Class B misdemeanor. The offense would be punishable by up to six months in jail. A subsequent offense would be classified as a State Jail Felony.

The bill provides a law enforcement officer with an alternative to arrest. The officer may transport the migrant to a port of entry and order the migrant to “return to the foreign nation.” Failure to comply with the officer’s order would constitute a separate offense. This offense is classified as a 2nd Degree Felony.

House Bill 4 will be passed on to the Texas Senate for consideration. READ MORE