Texas lawmakers approve bill that would let police arrest undocumented migrants

Texas’ draconian new immigration bill, which could jail border crossers for up to 20 years for refusing to leave the country, is now headed to Gov. Greg Abbott’s desk.

The Texas House of Representatives on Tuesday approved Senate Bill 4, a controversial Republican-championed proposal that would make it a state crime to illegally cross the border from Mexico into Texas. The measure also empowers police in the Lone Star State to arrest undocumented immigrants.

Further, the bill would require state judges to order people picked up on such charges to go back to Mexico. Migrants who don’t comply with the orders would face felony charges punishable by two to 20 years in prison.

The Senate has already approved the legislation, which means it now heads to Abbott, who’s expected to sign it into law. The Republican governor has made “border security” a priority during the Lege’s current special session and has made Operation Lone Star, a $4.5 billion immigration crackdown, key to his political brand.

SB 4 is all but certain to face court challenges from civil rights groups, who argue that it oversteps the state’s authority to enforce immigration law — something most legal scholars consider a federal responsibility. Critics also argue the bill will lead to increased racial profiling and harassment.

“Texas politicians have pushed through some of the most radical anti-immigrant bills ever passed by any state. This legislation is completely out of touch with our values and who we aspire to be as Texans,” ACLU of Texas Executive Director Oni K. Blair said in an emailed statement. “Senate Bill 4 overrides federal immigration law, fuels racial profiling and harassment, and gives state officials the unconstitutional ability to deport people without due process, regardless of whether they are eligible to seek asylum or other humanitarian protections. If signed into law, these bills will directly harm people seeking asylum, Black and Brown communities, and the core principles of our democracy.”

On Tuesday, the House also approved Senate Bill 3, which allocates an additional $1.5 billion in state funding for border wall construction. That legislation also would use some of those funds to pay for state troopers to patrol a Houston-area housing development that right-wing media groups have painted as a haven for undocumented immigrants.

SB 3 will return to the Senate for a second vote since it includes amendments tacked on by the House.

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This article appears in Nov 15-28, 2023.