New anti-immigrant law in Texas takes effect in February: This is how it will affect migrants

The standoff over immigration both in Texas and on Capitol Hill continues this week as a new law takes effect in the Lone Star state. SB4 was approved by the governor of Texas, Greg Abbott, in November 2023 and will come into effect on Tuesday, February 6. This law has been a subject of controversy and has come under renewed scrutiny as leaders in Texas continue to question federal authority at the US-Mexico Border.

“These laws will help stem the tide of illegal entries into Texas, add additional funding to build more border wall, and crack down on human trafficking,” Abbott said when he signed the package in 2023.

Now that it will soon take effect, we looked at what the law consists of and how it will affect immigrants in the state.

New anti-immigrant law in Texas for February: This is how it will affect migrants

Thanks to the SB4 law, people caught transporting undocumented immigrants in Texas will have to serve a mandatory minimum sentence of ten years in prison for “continuous human trafficking.”

It’s important to note that undocumented immigrants who get arrested at the southern border may face severe charges. They could be charged with a first-degree felony, resulting in a sentence of 180 days to five years in prison, depending on their criminal history. If they refuse to cooperate with the arrest, the penalty could increase to a second-degree felony, which could result in a sentence of 2 to 20 years in prison. Those who hide immigrants in safe houses, popularly known as “hiding houses,” will face a mandatory minimum sentence of five years behind bars. The measure also expands criminal sanctions “for crimes related to victims that occurred during the commission of smuggling, such as assault and robbery.”

Another law will come into force in March

SB4 goes hand in hand with another law approved by Gov. Abbott that will go into effect in March.

Through this additional law, local and state authorities will have the power to arrest undocumented immigrants and suspects who attempt to cross the southern border of the United States and prosecute them for “misdemeanors” without requesting permission from the federal government. Immigration rights experts criticize the law for threatening a migrant’s right to a fair trial. The Texas ACLU released a comment shortly before the law was signed by the governor, explaining that “laws like these result in the unlawful racial profiling, arrest, and detention of both U.S. citizens and immigrants.” The senior border policy council at the organization, Sarah Mehta, accused Gov. Abbott of ‘abusing’ the legal system in what she characterized as “a relentless campaign against asylum seekers and immigrants in Texas.”

At present, state and local governments need to seek approval from the federal government to apprehend undocumented immigrants. As per US law, living in the United States without proper documentation is a civil offense and not a criminal one. However, the new Texas law alters this scenario as it considers immigrants as criminals, even if they are seeking asylum - something that is permissible under both US and international laws.

Ongoing Controversy in Texas

The above laws represent just a fraction of Greg Abbott’s Operation Lone Star, which includes the installation of razor wire along the southern border, as well as a barrier at the Rio Grande border crossing and an increase in additional funding for the construction of its own border wall.

The Supreme Court has already ordered Abbott to remove the barbed wire after the deaths of immigrants on the southern border. However, the governor has ignored the country’s highest court, so the placement of the barbed wire continues. Given this, more than a dozen Republican governors have joined forces with Abbott to “fight for their right to defend themselves from an invasion” and close the state border.

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