What are the main points of the law that penalizes illegal immigration in Texas?

Over the last decade, one of the only policy choices made on the issue of immigration has been investments in border security. One of the outcomes of this policy has been the ability of Customs and Border Patrol to identify more immigrants attempting to cross the border. The increase in resources, coupled with political and economic crises in many countries in Latin America and the Caribbean, have migrants fleeing for safety in the United States.

For Greg Abbott, the situation constitutes an “invasion” and comes as the Supreme Court examines one of the strictest immigration laws passed by a state in recent memory. In 2023, the Texas legislature passed SB4, which was signed into law by Gov. Abbott. Various courts have blocked the law’s implementation over questions of its constitutionality. However, those attempts to overturn the law could be running out, and many supporters of the bill in Texas and around the country are eager to see it come into force.

The law has provoked endless criticism due to the violation of migrants’ rights, in addition to bypassing the authorization of the federal government, which is why it was taken to an evaluation before the country’s Supreme Court following a lawsuit from the United States Department of Justice. SB4 was set to come into effect on 9 March, but the country’s highest court temporarily blocked it until 13 March and later to 18 March at 5:00 pm. As the court is still evaluating the legislation, Judge Samuel Alito has ordered an indefinite extension of the blockade, meaning that the enforcement of the legislation remains on hold.

A look at the legislation

One of the significant aspects of SB4 is that it grants the power to local and state authorities to arrest undocumented immigrants. Currently, state and local governments are obligated to seek permission from the federal authorities to carry out any immigration arrest. Immigrants who are detained by local authorities can be prosecuted. And, with little written in the legislation about how the rights of immigrants will be protected during these trials, many are worried that it could turn into a right-violating mechanism. According to the American Civil Liberties Union, the law will also police to “detain people suspected of being non-U.S. citizens and entering or attempting to enter Texas from Mexico or another country without authorization.” As such, the law establishes the new crime of “illegal entry” to Texas law, which is “punishable by up to 6 months in jail.” Those who have been previously apprehended for unlawfully crossing the border can be charged with “illegal re-entry,” and that crime could land someone in jail for anywhere between ten and twenty years.

Additionally, the sponsor of the bill argued that it would address the issue of human tracking and would impose a mandatory minimum sentence of ten years on those accused of smuggling undocumented immigrants if allowed to come into force. If the court deems the offense as punishment for a first-degree felony, the minimum prison sentence is 15 years or more if another applicable provision of law applies. Those who hide immigrants in safe houses, popularly known as “stash houses,” will face a mandatory minimum sentence of five years behind bars. If a punishable offense is committed in an area declared a state of disaster, the punishment for that offense will be increased to the level prescribed for the next higher offense category. Furthermore, the new legislation broadens the criminal penalties for other crimes connected to smuggling, particularly those that harm victims during the commission of the offense. However, the sentence could drop to five years if those considered smugglers were transp[ortin close family members, what is legally referred to as “third degree of consanguinity” or “third degree of affinity.” Part of the reason Judge Ezra made the injunction is because the definition of smuggling is quite broad in Texas, and merely driving a family member to the doctor could result in a 10-year jail term.