Republican lawmakers in Texas are pushing legislation that would make it a state felony to cross the border from Mexico illegally and establish a state unit of officers to assist with the arrests of migrants entering the state at places other than ports of entry.
Introduced by Texas GOP state Rep. Matt Schaefer, House Bill 20 would create a “Border Protection Unit” that allows its officers to “arrest, detain, and deter individuals crossing the border illegally including with the use of non-deadly force.”
Schaefer’s bill, which will have to pass both of Texas’ Republican-controlled legislative chambers before the end of May, notes that officers serving in the unit must be U.S. citizens or permanent legal residents, and have law enforcement experience.
The state House proposal would also give officers serving in the unit immunity “from criminal and civil liability for any actions taken that are authorized” under the proposed law. In addition, civilians who have not been convicted of a felony could also be invited by the unit’s chief, which will be appointed by the governor, “to participate in unit operations and functions, but such persons may not have arresting authority unless trained and specifically authorized by the governor.”
People arrested for crossing into Texas illegally would face up to 10 years in prison and up to $10,000 in fines for each violation.
Another bill introduced in the state Senate by GOP state Sen. Brian Birdwell, would make it a state crime for people who forgo legal immigration proceedings and cross into Texas illegally.
Birdwell’s legislation, which has received support from Lt. Gov. Dan Patrick, would “jail a person for a year or two years if the person tried to enter the country a second time” and “also punish the person to life in prison if they had been previously convicted of a felony,” according to the Texas Tribune.
The offices of Schaefer and Birdwell did not immediately respond to a request for comment about the proposed legislation, all of which is seen as a direct test to federal immigration law.
Under current federal law, individuals who are arrested for entering the country illegally could face a misdemeanor charge. Those arrested a second time under current law, could then be charged with a felony and banned from entering the country for a number of years.
Texas GOP House Speaker Dade Phelan said in a statement that “addressing our state’s border and humanitarian crisis” was a priority for lawmakers in the state and that the proposed border police — as well as a proposed Legislative Border Safety Oversight Committee, which would provide border safety policy recommendations and oversight to the new policing unit and work on issues in South Texas — was a “must-pass issue.”
