Index
Civic & GovernmentTexas, USA

Texas SB 4 (Immigration Enforcement)

Summary

SB 4 makes it a state crime to illegally cross the border into Texas from Mexico, granting local and state police the unprecedented power to arrest and deport undocumented immigrants. *Note: This law is currently facing severe legal challenges in federal court.*

Rights & Rules

  • 01.
    Under this law, crossing the Texas-Mexico border outside of a lawful port of entry is a Class B misdemeanor under state law (rather than just a federal civil/criminal issue).
  • 02.
    Repeat offenses can be charged as second-degree state felonies.
  • 03.
    Texas state judges, rather than federal immigration judges, are given the power to order an undocumented immigrant to return to Mexico.
  • 04.
    Police are prohibited from arresting people under this law inside schools, churches, or healthcare facilities.

Penalties

  • 01.
    If an immigrant refuses a state judge's order to return to Mexico, they can be charged with a second-degree felony, punishable by up to 20 years in a Texas state prison.

Verified Citations

Texas Penal Code Chapter 51

Source
"A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry..."