Two border security bills are now in the hands of the Texas House of Representatives, one of which has raised concerns among immigrant rights groups about the legality of such legislation.
Governor Greg Abbott has prioritised border security and education savings accounts for schools.
Senate Bill 11 gives state police the ability to arrest migrants who fail to enter Texas through authorised ports of entry.
Offenders will face misdemeanour charges, which could be upgraded depending on the defendant’s criminal history.
Supporters say the bill is aimed at improving security in border areas in response to concerns raised by landowners, residents and businesses.
Immigration lawyer Gerardo Menchaca said this type of legislation is nothing new and would likely be challenged in the courts if passed.
“I don’t think this bill will actually become the law of the land,” Menchaca said. “Every two years you hear proposals for laws similar to this, not just in Texas but in many states, and in the end they don’t become law because they step on the toes of federal immigration law, which is prohibited by the Supreme Court.”
Domingo Garcia, national president of the League of United Latin American Citizens (LULAC), opposes what he calls “unconstitutional” legislation and fears the potential impact on migrants if it becomes law. Critics have also expressed concern that county jails will be overwhelmed with migrants.
“But if you make it a felony, they’re going to go to jail instead of going to court,” Garcia said.
House lawmakers are also debating Senate Bill 4, which would increase penalties for human smugglers and stash house operators. Those convicted of the crimes face mandatory minimum sentences of 5-10 years. Sentences could be reduced if the smuggler is related to the person being smuggled.
“LULAC supports the prosecution of human traffickers and people who use and exploit and abuse immigrants either as slave labour or in the sex trade,” Garcia said.
According to US Customs and Border Protection, more than 2.8 million migrants encountered authorities while crossing into the US between January and August this year.
