Local and state police in Texas may soon be able to question and arrest people they suspect of entering the country illegally.
The Texas House of Representatives approved House Bill 4, along with several other aspects of Governor Greg Abbott’s border security agenda, in an all-night session that drew shouts and an emotional confrontation between fellow lawmakers.
House Bill 4 now goes to the Texas Senate for approval, where a similar bill passed earlier this month.
Rep. David Spiller, R – Jacksboro, wrote the bill, which makes it a state crime for someone to enter Texas illegally. A migrant could face two years in prison if caught trying to enter the country more than once. The bill also allows local and state police to take the arrested migrant to a point of entry at the US border.
“Our cries for help and enforcement of our existing federal immigration laws have been ignored,” Rep. Spiller said in introducing the bill, referring to the Biden administration, according to the Dallas Morning News.
The United States Border Patrol made about 2 million contacts with people trying to cross the Mexican border into America illegally, according to federal statistics. Many Republicans see HB 4 as getting state police involved in enforcing American immigration laws.
“We are going to empower more of our law enforcement officers to step up and help our troopers to make sure that we are physically turning away immigrants,” said Rep. Ellen Troxclair, R – Lakeway.
The debate was suspended for nearly three hours after a heated confrontation between Rep. Armando Walle, D – Houston, and Rep. Cody Harris, R – Palestine. The argument was sparked when the House temporarily approved a motion by Harris to limit the number of amendments that could be made to the bill. Harris made the motion because he thought Democrats would offer dozens of amendments as a strategic delaying tactic.
“You’re my friend, man. I love you. But this **** hurts. The **** that happens on this **** floor **** hurts,” Rep. Walle was caught on video telling Rep. Harris.
The amendment limit was dropped and the House was in session until 4am on Thursday, debating various aspects of the bill.
“This is a very hot topic that people are passionate about on both sides of the issue,” Rep. Harris told KXAN News, comparing Walle to a brother who gets in a fight once in a while.
Some minor changes still need to be worked out with Republican leaders in the Senate before it goes to Governor Abbott for his signature. One change House lawmakers agreed on was to make HB 4 unenforceable in schools, churches and hospitals.
“I appreciate the feedback and the input that I’ve received from many parties, many individuals, many stakeholders, counties, cities, others,” said Rep. Spiller, R – Jacksboro.
A similar law was passed in Arizona about a decade ago, but the United States Supreme Court struck down much of it as unconstitutional. Most aspects of immigration law are the responsibility of the federal government, not state governments. The make-up of the Supreme Court has since changed, becoming more conservative.
“They are looking for an opportunity to overturn previous rulings,” said Rep. Ana-Maria Ramos, D – Richardson.
Rep. Ramos recorded the exchange between Walle and Harris and posted it online. She worries that the proposed legislation would lead to racial profiling and police arresting people who are in the country legally but don’t have identification or immigration papers to prove it.
“It assumes that people are from Mexico. That’s absolutely ignorant because we know we have immigrants from all over the world,” said Rep. Ramos.
A Senate bill increasing penalties for human smuggling passed the House on Thursday morning and now goes to Governor Abbott for his signature. Democrats argued the bill was too vague, but didn’t have the votes to stop it.
Another bill providing $1.5 billion to continue construction of a border barrier also passed the House, but must be approved by the Senate.
