Understanding the Recent Immigration Laws in Texas
Episode Title: #91 Understanding the Recent Immigration Laws in Texas
Episode Description:
Join me while I explore the intricate web of recent immigration laws in Texas breaking down the three impactful bills shaping the state’s border security landscape. From funding border barriers to addressing illegal entry and human smuggling, dive into the controversies, debates, and potential outcomes. Join the political drama as GOP lawmakers grapple over crucial decisions, internal clashes, and the fate of a $1.5 billion border wall funding. As the special session clock winds down, witness how Texas’ choices echo in the national immigration conversation.
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EPISODE INTRODUCTION
Cold Opening:
Today we’re diving deep into the heart of Texas, where recent immigration laws have set the stage for a political showdown that could impact the lives of millions of immigrants. Buckle up, because we’re decoding the complexities of House Bill 6, House Bill 4, Senate Bill 4, and the elusive Senate Bill 11. From dollars pouring into border barriers to debates over illegal entry and human smuggling crackdowns, it’s a maze of policies and controversies. And, of course, we can’t forget the $1.5 billion question looming over Texas’ border wall. Get ready for a rollercoaster of bills, battles, and border security, right here on The LEO podcast.
[Cue intro music]
What is going on everyone? I’m Kevin Muñoz today is Monday, November 6th and this is The LEO podcast where we discuss various educational topics, especially those impacting the Latin American community.
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But if you’re not a patron yet, no worries! You can still enjoy this episode. It’s packed with great content.
So, sit back, relax, and enjoy today’s episode!
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Segment 1: The Three Bills
Let’s start by discussing the three bills approved by the Texas House in the 88th Legislature 3rd Special Session. First, we have House Bill 6, or HB6 sponsored by state Rep. Jacey Jetton. This one is all about the money. The bill appropriates a whopping $1.5 billion to fund Governor Greg Abbott’s efforts to build additional border barriers along the Texas-Mexico border. The funds will be used to pay contractors to erect an extra 50 miles of border barriers, in addition to the already planned 40 miles. The goal? Enhancing border security. But, there’s a catch. Acquiring the land for these barriers remains a challenge because most of it is privately owned. If approved, the state could have about 100 miles of border barriers by September 2026.
Next is House Bill 4 or HB4, Sponsored by state Rep. David Spiller, this bill is making waves. It’s all about creating a new state crime for illegally entering Texas from Mexico. Under HB 4, a first-time offender could face a misdemeanor charge and up to 180 days behind bars. Now, if you’re a repeat offender, that penalty jumps to a felony with a potential two-year prison sentence. The idea behind HB 4 is to empower state law enforcement to enforce immigration laws. However, it’s not without controversy. Critics, like State Rep. Victoria Neave Criado, are concerned about the potential for mistaken arrests of U.S. citizens living on the border who might not have proof of citizenship handy. And, according to a report by the U.S. Government Accountability Office, there have been cases of immigration agents mistakenly arresting potential U.S. citizens in the past. In fact the U.S. Government Accountability Office, the research arm of the U.S. Congress, has found that immigration agents have “arrested 674, detained 121, and removed 70 potential U.S. citizens” between 2015 and 2020, according to a July 2021 report.
Lastly, Senate Bill 4 or SB4 Sponsored by state Rep. Ryan Guillen, this one is all about cracking down on human smuggling. SB 4 proposes to increase the minimum sentence for smuggling immigrants or operating a stash house from two years to a hefty 10 years. The aim? Sending a strong message and deterring smuggling activities. However, Democrats have raised concerns about the broad definition of smuggling and the imposition of a 10-year mandatory minimum sentence, arguing that it might inadvertently target individuals providing rides to friends or family who happen to be undocumented.
And so to recap the three bills recently passed in the Texas House to boost border security. HB 6 pours funds into border barriers, HB 4 targets illegal entry, and SB 4 aims for stricter sentences for human smuggling.
Segment 2: Senate Bill 11 (SB11)
Now I’d also like to throw another bill into the mix that the community has rightfully been talking about. This bill was also introduced during the 88th legislature’s 3rd special session in Texas this year sponsored by State Senator Brian Birdwell. This bill creates a new state crime for illegally entering Texas from Mexico and authorizes 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 illegally1. The bill was given initial approval with a 19-12 vote.
Now if you’ve been paying attention you might saying to yourself that this bill sounds a lot like House Bill 4 or HB4 that we previously talked about which empowers police officers to apprehend, arrest, or send back migrants who cross the border illegally. So while you can easily confuse the two like I did when first researching these bills the key differences are that SB 11 is focused on the act of crossing the border itself, creating a state crime for illegally entering Texas. On the other hand, HB 4 is more focused on the actions after crossing the border, specifically empowering police officers to apprehend, arrest, or send back migrants who cross the border illegally. While both bills introduce penalties, they target different offenses. SB 11 introduces penalties for the act of illegal entry, with the severity of the penalty depending on the individual’s criminal record and history of illegal entry. HB 4 introduces penalties for unauthorized entry across the border into Texas, with the severity of the penalty depending on whether the individual has been previously removed under the law.
Segment 3: Senate Reviews and Changes
So now that these bills have been approved in the house what happens next? Well… Now that the three immigration bills have been approved by the Texas House, they will proceed to the Senate. Given the strong support for the GOP’s border security agenda in the Senate, it is likely that these bills will be passed.
Here’s what could happen if these bills become law:
Increased Border Security: More than $1 billion would be allocated for additional border barriers. This could lead to the construction of 50 miles of new barriers and the maintenance of 40 miles of existing ones.
Empowerment of Police Officers: Police officers would be allowed to apprehend, arrest, or send back migrants who cross the border illegally. This could lead to an increase in arrests and deportations.
Increased Penalties for Human Smugglers: The minimum sentence for human smuggling would increase from two years to 10 years. This could deter individuals from engaging in human smuggling.
However, these measures could also spark major lawsuits and a possible international dispute with Mexico, which typically has to agree to accept migrants who are not citizens of their country. Critics have expressed concerns about potential wrongful arrests and legal jurisdiction. They also worry about the impact on local communities.
It’s important to note that the Texas Senate panel advanced the immigration bills on November 1. This means that the bills are now set to be debated in the Senate. Once they pass the Senate, they will head back to the House, where lawmakers can concur with any changes made by the Senate. The last day of the 30-day special session is November 7, which is this tuesday. So, the Senate review and subsequent procedures are expected to happen within this timeframe.
When the deadline of the special session arrives, several things can happen:
Adjournment: Both chambers can vote to adjourn. This means that the special session would end, and any bills that have not been passed would fail.
Quorum Break: If two-thirds of the members do not show up, they can break quorum. This would also end the session, and no further action could be taken on the bills.
Governor’s Action: If the Legislature has adjourned sine die (without assigning a day for a further meeting or hearing), or if the bill is presented to the Governor fewer than 10 days (not counting Sundays) prior to final adjournment, the Governor has 20 days (counting Sundays) after the final day of the session to sign or veto the bill.
Further Special Sessions: The Governor can call as many special sessions as he or she would like. So, if the bills do not pass in this session, they could be brought up again in a future special session.
Segment 4: What Happens Next/ Expected outcome
Now if there’s any hope of these bills not becoming law it’s that these politicians can never agree on anything. Apparently As Governor Greg Abbott’s special session in Texas is wrapping up, things are getting pretty heated among Republican lawmakers. They’re butting heads over a crucial part of their immigration bill—whether to lock up or kick out folks they suspect of sneaking into Texas from Mexico. This squabble puts a big dent in Abbott’s border security plans, and with the session ending on Tuesday, time’s running out.
Adding to the drama is a $1.5 billion ask for more cash to keep building a state-funded border wall. But here’s the twist: some GOP senators are side-eyeing the cost, wondering if it’s all worth it. State Senator Charles Perry’s raising an eyebrow, pointing out that despite all the money spent, there are still plenty of folks crossing the border.
Now, let’s talk about the clash between the House and Senate versions of the immigration bill. House Republicans are all about a cheaper option—dropping off detained migrants at ports of entry. On the flip side, Senate Republicans, led by Lieutenant Governor Dan Patrick, want to go hardcore, suggesting they lock up every migrant they catch. Patrick’s not holding back, calling the House plan a ‘Texas-sized catch-and-release bill’ and poking holes in their identification process.
House Speaker Dade Phelan fires back, calling the Senate’s version ‘economically reckless’ and basically a long-term hotel deal for illegal immigrants. The name-calling doesn’t stop there, highlighting some serious disagreements within the GOP.
Now, the plot thickens with the border wall funding bill. Both the House and Senate passed their own versions, setting aside $1.5 billion for more wall building. But here’s the kicker: they’re stuck, with no hearings in sight to move things forward. Speaker Phelan’s not happy, accusing the Senate of dragging its feet and leaving this crucial funding hanging.
As the special session clock winds down, the GOP’s internal battles in Texas raise some big questions about how they’re gonna tackle border security and immigration. The decisions made here won’t just shape Texas policy but could have ripple effects in the national immigration conversation.
CONCLUSION/Key takeaways:
And there you have it, folks! The intricacies of the recent immigration laws in Texas unpacked and laid out before you. It’s a complex web of bills, debates, and potential outcomes that will undoubtedly shape the landscape of border security and immigration in the state.
As we approach the end of this special session, the political drama unfolds, revealing the internal struggles among lawmakers. Will they find common ground on the crucial aspects of immigration enforcement, or will disagreements persist, leaving these bills in limbo?
The clash between the House and Senate versions adds another layer to the narrative, highlighting the challenges of reaching consensus within the GOP. The fate of the $1.5 billion border wall funding hangs in the balance, symbolizing the financial commitment to border security.
As the clock ticks down to the session’s deadline, the decisions made in Texas will reverberate not only within the state but also contribute to the broader national conversation on immigration.
Stay tuned for updates, and don’t forget to share your thoughts.
THE END
That’s all for today on the LEO podcast. I’m Kevin Muñoz and as always feel free to send me a voicemail through my website latinamerianeo.org by simply clicking the purple “send voicemail” popup and just start recording your thoughts or any interesting topic that you’d like to see covered. I might just feature it in the next episode!
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