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Texas House approves bill allowing police to deport undocumented immigrants

  • HB4 allows police to arrest or send back migrants who enter U.S. illegally
  • Critics argue the bill will encourage racial profiling, inflict migrant fear
  • Border Patrol encountered 2M migrants at the southern border in FY2023

EL PASO, TEXAS – MAY 11: Immigrants walk through razor wire surrounding a makeshift migrant camp after crossing the border from Mexico on May 11, 2023 in El Paso, Texas. The number of immigrants reaching the border has surged with the end of the U.S. government’s Covid-era Title 42 policy, which for the past three years has allowed for the quick expulsion of irregular migrants entering the country. (Photo by John Moore/Getty Images)

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(NewsNation) — The Texas House of Representatives approved a major immigration-related bill Wednesday that would grant federal authority to local law enforcement to act when migrants cross the Rio Grande River and enter the country unlawfully.

House Bill 4, introduced by State House Rep. David Spiller, R-Jackboro, allows any peace officer, including school resource officers, the power to return undocumented individuals to the port and send them back to Mexico or pursue criminal prosecution.

Additionally, a first-time offender could be convicted of a misdemeanor and be punished by up to 180 days behind bars, the Texas Tribune reports. The penalty would jump to a felony punishable by up to two years in prison if the person has repeatedly entered the country illegally.

Spiller said this proposal represents a Texas-based solution to a federal problem and argues the cost-effectiveness of returning individuals to Mexico instead of detaining thousands of people.

Despite its passing, opponents argue the bill will encourage racial profiling and inflict fear on individuals without status.

Tensions ran high on the House floor when a motion to restrict amendments on the bills under consideration was made. Some Democratic lawmakers expressed their frustration, asserting that this rare move cut off debate for a significant bill and claimed that the bill violates the Constitution.

There are still some procedural steps this bill must go through to become law. It is set to proceed to the GOP-controlled State Senate next, where it is expected to pass.

Attorneys told NewsNation that after Senate approval, the bill would only require the governor’s signature, and 90 days later, it would go into effect.

U.S. Border Patrol agents encountered 1.7 million migrants at the southern border in fiscal year 2021, followed by 2.2 million encounters in 2022. In fiscal year 2023, the number dropped to 2 million encounters.

Border Report

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