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On Thursday evening, the Senate made progress on two bills pertaining to immigration, one of which grants state police the authority to apprehend migrants crossing the southern border.
Senate Bill 11, sponsored by state Sen. Brian Birdwell, R-Granbury, would create a new state crime for illegally entering Texas from Mexico and authorize state police to arrest violators. A first-time offender could be convicted of a misdemeanor, but the penalty would jump to a felony if the person has a criminal record and has repeatedly entered the country illegally.
SB 11 received preliminary approval from the Senate with a vote of 19-12. However, it still requires a final vote in the Senate before it can proceed to the House.
Senate Bill 4, sponsored by state Sen. Pete Flores, R-Pleasanton, would increase the minimum sentence from two years to 10 years for smuggling immigrants or operating a stash house. SB 4 passed with bipartisan support in a 29-2 vote.
Earlier this month, Gov. Greg Abbott called for a third special legislative session since the regular session ended earlier this year, asking lawmakers to pass proposals on school vouchers and immigration enforcement. Abbott had asked lawmakers to approve immigration enforcement proposals during the regular legislative session and the previous special session, but lawmakers couldn’t come to an agreement and adjourned without passing an immigration enforcement bill.
For years, Abbott has voiced his criticism towards the Biden administration, holding the president responsible for the unprecedented surge in Border Patrol apprehensions at the southern border.
Sen. Juan “Chuy” Hinojosa, D-McAllen, raised concerns about the ability of counties to comply with SB 11. He argued the number of people who would be arrested would overwhelm local jails and require significant funding for the defense of migrants who are arrested.
If the legislation passes, Sen. César Blanco estimated that SB 11 would cost El Paso taxpayers — his constituents — an additional $60,000 per day.
On the Senate floor, the Democrat expressed their worry about the State of Texas potentially exacerbating the challenges faced with regard to border security and the ongoing humanitarian crisis that is impacting our communities.
According to Birdwell, the bill’s introducer, the funding provided during the regular session as part of Abbott’s border security initiative Operation Lone Star would sufficiently cover a significant portion of the costs linked to the bill.
The most recent federal immigration data reveals that federal agents had 2.2 million encounters with migrants in fiscal year 2023, excluding the numbers for September which are yet to be published. Once September’s figures are accounted for, it is possible that 2023 will surpass the record-breaking 2.3 million migrant encounters recorded in fiscal year 2022.
Birdwell stated during a committee meeting on Tuesday that SB 11 might encounter a legal challenge from the federal government. The federal courts, including the U.S. Supreme Court, have consistently affirmed that the enforcement of immigration laws falls solely under the jurisdiction of the federal government. Despite attempts by states to enforce their own immigration laws, these efforts have been either overturned or significantly weakened following legal challenges.
However, Birdwell expresses confidence in the ability of his bill to withstand a legal challenge in the event that the federal government were to file a lawsuit against Texas.
“It is carefully tailored to avoid intruding on federal immigration enforcement authority while providing law enforcement with an important new tool to deter improper or unlawful entry into Texas,” he said during the committee meeting.
Birdwell’s proposal encountered resistance from both immigrant rights activists and Charles Reed, the Assistant Administrator of Dallas County. During the committee meeting, Reed expressed concerns that if the proposal were to be enacted, it could potentially burden county jails with a large influx of migrants apprehended by state law enforcement. He further cautioned that the county might be compelled to increase property taxes in order to cover the costs of incarcerating a substantial number of migrants.
“We are absolutely terrified that this bill will take us over our [jail capacity],” Reed said.
According to a financial analysis of the bill, the available data is insufficient to estimate its cost. However, introducing a new criminal offense could potentially lead to increased demands on state correctional resources. This is because there might be a rise in the number of individuals either placed under community supervision or sentenced to confinement.
