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Home » Texas to Sign New Law Making Illegal Migration a State Crime 
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Texas to Sign New Law Making Illegal Migration a State Crime 

DunniBy DunniDecember 6, 20234 Mins Read
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A Collage of the Texas Senate Building and Border Security Personnel
Source: workersdefense/X GregAbbott_TX/X
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Texas governor Greg Abbott has vowed to sign a new bill into law making illegal crossing a state crime. This announcement is coming on the heels of the newly approved state senate bill called SB4. 

A Collage of the Texas Senate Building and Border Security Personnel
Source: workersdefense/X GregAbbott_TX/X

The SB4, if signed, will represent a giant leap forward for the state’s efforts to take immigration into its hands. Texas has been in bitter rivalry with the federal government over immigration. Greg Abbott and Attorney General Ken Paxton have fingered the Biden administration’s “failed border policies” for the border crisis. 

But how bad is the border situation? Well, judging from data gathered from the U.S Customs and Border Protection Agency, the surge of prospective migrants at the Texas/Mexico border could easily be termed an “invasion.” 

Also Read: Texas Voters Approved 13 out of 14 Constitutional Amendments on the Ballot

Federal agents encountered about 2.5 million migrants at the southern border during the 2023 fiscal year ending September. This number, which includes migrants requesting asylum at the ports of entry, is the largest ever recorded. 

The state of Texas has deployed several strategies to tighten what it believes is the federal government’s lax border security posture. These measures include a string of lawsuits and 29 miles of razor wire border fencing. 

But the SB4, if signed, could be a game-changer. Unlike before, the bill will make it a state crime to cross into Texas illegally. 

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Illegal crossings have always been illegal under federal law. But without a state law, Texas law enforcement could only charge erring migrants with “Trespassing.” 

Already, the bill has generated some controversy and mixed reception. Texas Democrats have slammed the bill, calling it a recipe for racial profiling while also casting doubts on its legality. But Republicans have hailed the bill as a potent measure to secure the border and curb the overwhelming influx of migrants. 

If signed, the SB4 will take effect from March 2024. The SB4 will designate a first offender’s illegal crossing into the United States as a Class B misdemeanor. This could lead to a sentence of up to 6 months in jail. 

If the offender has a previous conviction under SB4, the charge will graduate into a second-degree felony. Then, the offender could face between 2 to 20 years in prison. 

Also Read: Judge Rules Against Texas Bid to Stop Feds From Cutting Razor Wire at Border

The bill permits the judge to withhold punishment if the offender agrees to go back to Mexico. After an illegal migrant has served their sentence, the judge will order their transportation to a port of entry. 

However, the bill bans law enforcement from effecting arrests in certain areas, including public and private schools. Others include healthcare facilities, churches, and other places of worship, and facilities that provide sexual assault survivors with forensic medical examinations. 

Opponents of the bill are hoping that it will be found unconstitutional. Already, federal courts have ruled that only the federal government can enforce immigration laws. 

But the bill’s House sponsor, State Rep. David Spiller, R-Jacksboro, disagrees that the bill violates the court’s declaration. Moreover, he believes the bill will scale through federal legal scrutiny. He announced that if passed, SB4, which he calls a “landmark bill,” will “allow Texas to protect Texans.” 

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