Understanding Texas’ Illegal Immigration Law: Investments in border security have been one of the only policy choices made on immigration over the last decade. Due to this policy, Customs and Border Patrol has been able to identify more immigrants trying to cross the border.
Due to the increase in resources in Latin America and the Caribbean, in addition to political and economic crises, migrants are fleeing to the United States for safety.
During the Supreme Court’s review of one of the strictest immigration laws passed by a state in recent memory, Greg Abbott sees the situation as an invasion. In 2023, the Texas legislature passed SB4, which was signed into law by Gov. Abbott.
It has been contested by various courts over its constitutionality. While these attempts to overturn the law are running out, many supporters of the bill in Texas and across the country are eager to see it become law.
As a result of the law violating migrants’ rights as well as bypassing the federal government’s authorization, it has provoked endless criticism, which is why the United States Department of Justice brought it to the Supreme Court for review.
Understanding Texas’ Illegal Immigration Law: Key Points and Penalties Explained
The country’s highest court temporarily halted SB4 until 13 March and later until 18 March at 5 p.m., after it was temporarily blocked until 9 March.
As the court is still evaluating the legislation, Judge Samuel Alito has extended the blockade indefinitely, which means the legislation cannot be enforced.
SCOTUS temporarily halted enforcement of SB 4 but Texas is still using its authority to arrest illegal immigrants for criminal trespass and other violations of law.
We continue building the wall, use NG to erect razor wire barriers to repel migrants & buoys remain in river.— Greg Abbott (@GregAbbott_TX) March 18, 2024
In SB4, local and state authorities have the authority to arrest undocumented immigrants, which is one of its most important features. A state or local government must obtain federal permission before making any immigration arrest. Immigrants detained by local authorities can be prosecuted.
Due to the lack of information in the legislation regarding how immigrants’ rights will be protected during these trials, many are concerned that it could become a tool for violating their rights. Police will also be able to “detain” non-U.S. citizens under the law, according to the American Civil Liberties Union.
Texas law establishes the new crime of “illegal entry” to Texas law, which is punishable by up to six months in jail for citizens entering or attempting to enter Texas from Mexico or another country without authorization.
An individual who has already crossed the border unlawfully can be charged with “illegal re-entry,” which could result in a sentence of up to twenty years in jail.
UPDATE: The U.S. Supreme Court has extended its pause on #SB4 until further order.
We’re not backing down until this anti-immigrant law is gone once and for all.
— ACLU of Texas (@ACLUTx) March 18, 2024
The sponsor of the bill argued that it would address the issue of human tracking and impose a mandatory minimum sentence of 10 years for those convicted of smuggling undocumented immigrants if allowed to become law.
If the court deems the offense as punishment for a first-degree felony, the minimum prison sentence is 15 years or more if another applicable provision applies. A mandatory minimum sentence of five years behind bars will be imposed on those who hide immigrants in safe houses, commonly known as “stash houses.”
In cases where a punishable offense is committed in a state of disaster, the punishment will be increased to the next higher category of offense. In addition, the new legislation broadens the criminal penalties for other crimes related to smuggling, particularly those that harm victims.
When smugglers are transportin close family members, they can be sentenced to five years. In Texas, the definition of smuggling is quite broad, so even driving a family member to the doctor could result in a 10-year jail sentence.
Judge Ezra made the injunction because smuggling is defined quite broadly, and even driving a family member to the doctor can result in a 10-year sentence.
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