Texas : The Texas House of Representatives made waves as it greenlit the state Senate’s version of two pivotal bills, marking a historic step in the state’s approach to border security. The legislation, coined as the Texas Border Security Legislation, not only criminalizes illegal immigration at the state level but also earmarks a substantial $1.54 billion for border barrier projects.
Texas: Criminalizing Illegal Immigration
The Texas bill targeting illegal immigration, Senate Bill (SB) 4, led by Representative David Spiller (R-Jacksboro), faced staunch opposition from Democrats. Representative Victoria Neave (D-Dallas) labelled it “invasive” and a “usurpation of federal power,” hinting at potential legal challenges reminiscent of Arizona v. United States.
Despite Democrats’ concerns about the potential prosecution of children and calls for amendments, the bill passed a third reading with a vote of 83 ayes to 61 nays. Representative Penny Morales Shaw’s attempt to prevent children from being arrested under the law was unsuccessful.
Border Barrier Appropriations
Representative Jacey Jetton (R-Richmond) spearheaded Senate Bill (SB) 3, securing an additional $1.54 billion for border barrier projects. Jetton emphasized allocating $40 million for security at Colony Ridge, a Houston housing development under conservative scrutiny for potential ties to illegal immigration.
While Democrats sought amendments, including one by Representative John Bryant (D-Dallas) to ensure effective spending, most were rejected. The bill passed with a vote of 84 ayes to 59 nays.
Debates and Amendments
The legislative journey witnessed heated debates, notably lasting approximately six hours for SB 4. Representative Jared Patterson (R-Frisco) employed a strategic move, invoking the previous question to cut short debates and amendments, ultimately leading to an 81-57 vote.
Democrats, including Representative Jolanda Jones (D-Houston), vehemently opposed SB 4, emphasizing concerns about racial profiling and the potential waste of taxpayer dollars on what they deemed ineffective deterrence measures.
Enforcement Mechanism Disagreement
A notable point of contention arose between Lt. Gov. Dan Patrick and Speaker Dade Phelan (R-Beaumont) concerning the enforcement mechanism. The Texas House version proposed state police escorting illegal immigrants back to ports of entry, while the Senate version excluded this provision, with Patrick dubbing it a “catch-and-release” approach.
In the final agreed-upon version, state magistrates hold the authority to order an illegal immigrant to leave the country, sidestepping prosecution for illegal border crossing, contingent on the individual’s agreement.
Constitutionality Concerns and Opposition
Senator Brian Birdwell (R-Granbury), a proponent of border security, expressed scepticism about the constitutionality of SB 4, echoing concerns raised during the bill’s passage in the Senate. Opponents argue that the legislation may lead to racial profiling and ineffective allocation of taxpayer funds.
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