AUSTIN – A Texas House committee advanced a controversial border security bill Thursday that would allow state law enforcement officers to enforce immigration law, a power reserved for federal authorities.
House Bill 4 would make it a state crime for non-citizens to enter the United States illegally. It’s a power currently reserved for federal law enforcement agencies like the Border Patrol, but the legislation would give any state peace officer the ability to arrest someone who enters Texas illegally or order them to return to their country of origin.
The bill’s author – Rep. David Spiller, R-Jacksboro – says the legislation is necessary because the federal government is not doing enough to secure the border.
“This bill is not about whether somebody’s here illegally,” Spiller said. “It’s about if they crossed into our state from a foreign nation at an illegal place – a place other than a legal port of entry.”
HB 4 also outlines protections for Texas law enforcement officers from being personally sued for arresting or deporting people – unless the officer violates someone’s rights in the process.
One of the biggest criticisms of the legislation is that it would likely violate the Supremacy Clause of the U.S. Constitution, since immigration enforcement is a power reserved exclusively for federal authorities. Federal courts have repeatedly ruled that arresting and deporting people is not something that states can do.
Concerns about potential racial profiling
Another major concern raised in committee about the bill was the impact it could have on the profiling of non-white US citizens. The legislation contains no geographical restrictions, meaning that these arrests could hypothetically take place anywhere in Texas.
“This bill gives police officers so much power to profile [immigrants], to profile people who don’t look like a white American,” said Alice Lee, a member of Asian Texans for Justice, in her testimony.
Lee expressed concern for immigrants who are not fluent in English, saying she feared they could be subject to arrest or inadvertent deportation if a law enforcement officer suspected that person was in Texas illegally.
“If they were somehow, in some instance, called by the police and asked about their status, [and] they couldn’t explain it, are they going to face jail time and deportation?” Lee asked the committee.
Rep. Ana Hernandez, D-Houston, questioned Spiller about the logistics of how these arrests would be carried out if the bill becomes law – since the legislation doesn’t require officers to physically see the illegal entry in order to take action.
“There would have to be some evidence and some proof somewhere,” Spiller said. “I mean, you can’t just prosecute people without evidence. You would have to have it, and the burden of proof to prove every single element of the offence is on the state of Texas.”
“We have to do, we have to treat people fairly. We have to treat them right,” Spiller said. “Is there a cost to that? Yes, there is. But I think it’s important.
How much would it cost?
It’s unclear how much HB 4 would cost the state fiscally. Committee members repeatedly asked Spiller to estimate the cost to the state, but he was unable to provide an answer.
“How much is this bill going to cost?” state Rep. Chris Turner, D-Grand Prairie, asked Spiller.
“I don’t know,” Spiller replied.
While claiming not to know the specific cost of the bill, Spiller mentioned that this bill will cost more than previous versions of the bill in the third special session.
Sceptics also raised concerns about overcrowding in border community prisons. During testimony, Department of Public Safety Director Steven McCraw noted how border jails were pushed to the brink after Texas launched an initiative in 2021 that allows DPS agents to arrest and jail migrants for trespassing on private property.
“We would anticipate that if we’re going to increase the number of arrests for illegal entry, there’s certainly going to be a greater need for jail space,” McCraw said.
Larry Smith, president of the Sheriffs’ Association of Texas, echoed the same sentiment in his testimony, mentioning that “every county jail [in Texas] could be impacted” by the implementation of this bill.
The House State Affairs Committee passed HB 4 along party lines by a vote of 8 to 4. It can now be debated by lawmakers on the House floor.
