Under House Bill 4, people who illegally enter Texas from another country could face jail time or be ordered to leave the U.S. The committee voted 8-3 along party lines to send the proposal to the full House.
What you need to know
Creating a criminal offense for illegal entry into Texas is one of Gov. Greg Abbott’s priorities for the third special legislative session of the year, which began Oct. 9 and can last up to 30 days.
Bill author Rep. David Spiller, R-Jacksboro, said he has worked closely with the governor’s office to create the bill. Meanwhile, Abbott quietly expanded the session agenda Oct. 17 to include the specifics of Spiller’s proposal.
“House Bill 4 is a Texas solution to a Texas problem,” Spiller said. “It is a humane, logical and efficient approach to a problem created and fostered by the Biden administration's continued failure and refusal to secure our border.”
Under the bill, people arrested for illegally entering Texas could face up to six months in jail, a $2,000 fine or both. Alternatively, law enforcement officers could transport people to a port of entry and “[order] the person to return” to their country of origin.
If someone refuses to leave, they would be charged with a second-degree felony carrying a penalty of two to 20 years in jail.
A closer look
Currently, the federal government has the sole authority to arrest and deport people for illegally entering the U.S. from another country.
Opponents of HB 4 argued the proposal is unconstitutional because it conflicts with federal law. In 2012, the U.S. Supreme Court ruled that states may not implement their own immigration laws in Arizona v. United States, a case involving an Arizona law.
But by “ordering” immigrants to leave Texas instead of physically removing them, Spiller said his proposed Texas law would withstand a court challenge.
Local officials told the committee they were concerned about the burden HB 4 would impose on their local law enforcement.
Elisa Tamayo, the director of government affairs for El Paso County, said the bill would cause roughly 8,000 additional arrests each year in that border county. The county would spend at least $24 million per year to house undocumented immigrants in local jails, she said, and it would cost an additional $162 million to expand jail capacity.
“We urge you to please reconsider the provisions in HB 4 and commission an interim study instead that will help us further understand the actual cost of these policies before we burden the local taxpayer,” Tamayo said. “Immigration policies should rest solely under federal government jurisdiction to avoid a double-taxation approach to everyday Texans.”
State fiscal analysts reported that the bill could result in “additional demands upon state correctional resources,” but did not estimate how much it would cost state or local law enforcement.
Spiller said the bill is intended to reduce illegal border crossings, not to incarcerate all undocumented migrants already in Texas.
“We have a crisis, and we’re trying to address this as best we can [by] minimizing the number of people that come across our borders illegally,” Spiller said.
What else?
The committee also sent Senate Bill 4, which would increase criminal penalties for human smuggling, and an amended version of SB 7, which would prevent private companies from requiring that their employees or contractors be vaccinated against COVID-19, to the full House on Oct. 19. Both proposals were previously approved by the Senate, although the upper chamber would have to approve any changes the House makes.
