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Texas House votes on bill allowing migrant arrests for illegal crossings

  • SB4 empowers Texas law enforcement to arrest undocumented immigrants
  • Supporters say the bill addresses the crisis at the Texas-Mexico border
  • Critics argue it is an assault on Texas migrant and border communities

Migrants who crossed the Rio Grande and entered the U.S. from Mexico are moved for processing by U.S. Customs and Border Protection, Saturday, Sept. 23, 2023, in Eagle Pass, Texas.

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This story has been updated to clarify the bill’s progress through the Texas legislature, including its passage.

(NewsNation) — The Texas House on Tuesday approved Senate Bill 4, a major immigration-related bill that would grant federal authority to local law enforcement to act when migrants cross the Rio Grande River and enter the country unlawfully.

A similar bill was approved by the House last month, but the Senate passed its own version the House took up Tuesday. It now heads to Gov. Greg Abbott’s desk.

Some see the bill as addressing the border crisis, while others label it unconstitutional.

The bill grants Texas law enforcement, including school resource officers, the power to arrest those entering the Texas-Mexico border illegally, making it a state crime.

First-time offenders face a Class B misdemeanor with up to 180 days in jail, escalating to a felony — punishable by up to two years in prison — for repeat offenses. Amendments clarify that migrants must be convicted before facing deportation, deviating from allowing state police to order their return initially.

A judge could also order the migrant return to the country they came from instead of being arrested.

Civil rights groups argue this is an assault on Texas migrant and border communities. Concerns arise around potential mistaken arrests of U.S. citizens living on the border due to the bill, lacking immediate citizenship papers — a situation the American Civil Liberties Union (ACLU) deems dangerous.

“We believe that there is a much better way, a much more efficient way to handle this, and the state is just taking a hammer to our communities,” said Robert Lopez, senior advocacy manager at the Texas Civil Rights Project. “Rather than truly understanding that this is a humanitarian emergency with complex solutions and answers, they’re responding by trying to put tens of thousands of people in prison, and this includes everyday Texans and U.S. citizens.”

SB4’s anticipated passage would send it to Texas Gov. Greg Abbott’s desk. If successful, many view this as a potential starting point. Similar bills are pending in other states, including Florida, Louisiana and North Carolina.

Immigration

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