HOUSTON, Texas — People who frequently interact with members of the undocumented community fear they could be unfairly targeted under a new bill making its way through the Texas special session. SB4 would increase penalties from two to 10 years for human smuggling and operating a stash house.
Advocates are concerned that the bill’s language is not specific enough. Could a house with 10 undocumented family members be classified as a stash house? What if someone who gives a ride to a stranger is accused of smuggling a migrant into the country?
Lawmakers said SB4 would only go after the worst criminals, but not everyone is convinced.
Damaris Gonzalez dreams of a day when her loved ones no longer have to live in fear. She is a DACA recipient, and some of her family members are still undocumented. After living here for decades, she says they still don’t have a clear path to citizenship.
“It’s really been like an emotional rollercoaster. My parents immigrated to give my sisters and me a better future. We came to work and live in this country,” Gonzalez said. “We call Texas home, and we have contributed not only socially, but also economically.”
She feels that SB4 is the latest piece of legislation that has her worried about the future.
“There’s a fear in the community that families will be separated, that people will be stopped and harassed by law enforcement, and that communities of colour will be targeted,” she said.
State Senator Paul Bettencourt (R-Houston) is a co-author of the bill. He told ABC13 that the bill is intended to create harsher penalties for the most serious cases of human smuggling.
“What we’ve got is a strong anti-smuggling bill because we need to crack down on the bad actors. We’re trying to make it clear that we’re going after organised crime: the cartels, the coyotes, the smugglers, the people who smuggle drugs,” Bettencourt said.
But human rights organisations have raised concerns about what they see as vague language on what exactly is defined as human smuggling. They fear that someone could be charged for simply giving someone a lift or taking a family member to the doctor.
Staff with the ACLU of Texas said they’re also concerned that SB4 could put Texans at greater risk of racial profiling by local police, fuel mass incarceration, and subject communities of colour to harassment.
“Most of us in this country have some kind of connection with an undocumented person, whether they are in our family, working with us, or taking care of our children. This bill targets people who provide any kind of assistance or transportation in terms that are not clear and difficult to follow,” said David Donatti, senior staff attorney for the ACLU of Texas.
Immigration attorney Claudia Martinez believes the proposed legislation could burden well-meaning civilians with the task of proving they did not intend to break the law.
“This is very costly and time-consuming for someone who is not in the business of smuggling someone into the country,” Martinez said.
Experts say the bill still sends a message to the Republican base that Texas is tough on immigration, even if SB4 doesn’t pass.
But if it does, Martinez expects it to be challenged, possibly all the way to the Supreme Court.
“I think Texas is trying to make a point about protecting its border. I think they’re trying to pick a political fight, knowing full well that the law may be vague. I think some litigation in this political climate will make sure that the state is given appropriate boundaries and authority,” Martinez said.
SB4 passed the Senate a week ago and is now waiting in a House committee. There are only about 20 days left in the Texas special session, leaving a narrow window for the bill to make it all the way through.
