Texas House approves bill to arrest, deport people suspected of illegally entering US

After hours of debate Tuesday, the Texas House approved Senate Bill 4 — a proposal that creates new state penalties for people who illegally cross into the U.S. through the Texas-Mexico border and allows magistrate judges to order those suspected of illegally entering the U.S. to return to Mexico or face prosecution.

The bill, which has been debated several times in both legislative chambers in recent weeks, passed in the House with an 83-61 vote despite opposition from Democratic lawmakers and rights advocates over concerns the bill has too broad a scope and could potentially affect everyday Texans through the state's attempt at immigration enforcement.

Rep. David Spiller, R-Jacksboro, who sponsored the bill by Sen. Charles Perry, R-Lubbock, which advanced to the lower chamber after a late night Senate session last week, defended the legislation as necessary to address the immigration crisis at the border.

Spiller, who rejected two dozen proposed amendments, said he felt it was important to advance the bill in the form it arrived from the Senate to not delay it getting to Gov. Greg Abbott to sign into law.

"My task is to get this bill out of here and on the governor's desk as soon as possible," Spiller said. "Because if I'm wasting my time and know that it's going to be a delay, I'm going to have trouble sleeping tonight."

Democrats argue the legislation is an affront to federal law, gives law enforcement officers broad permission to arrest and deport those living in the state who might be accused of having illegally crossed the border, and is an invasion into the lives of the state's Hispanic and migrant communities.

More: Texas House gives OK to $1.54 billion border wall construction bill

"Senate Bill 4 is the broadest, most invasive piece of legislation to ever potentially challenge the very nature of our federal and state power," said Rep. Victoria Neave Criado, D-Dallas, during the debate Tuesday. "The power to enforce immigration is unquestionably exclusively a federal power."

SB 4 would require people accused of illegally crossing the state's southern border outside of a port of entry to accept a magistrate judge's order to return to Mexico or face prosecution, with possible penalties ranging from a Class A misdemeanor to a second-degree felony.

Neave Criado, the chair of the House Mexican American Legislative Caucus, also argued the legislation is a political avenue to challenge U.S. Supreme Court precedent on immigration law.

"SB 4 intends to challenge the decade-long holding of Arizona vs. United States given the new makeup of the U.S. Supreme Court," Neave Criado said.

Around 6:15 p.m., Rep. Jared Patterson, R-Frisco, made a parliamentary motion to cut further debate on the bill, allowing the legislation to jump forward to an initial vote.

"This is the same bill that we debated until 4 a.m. just a couple of weeks ago," Patterson said before the motion was approved along party lines. "Hours and hours and hours of debate on a bill that is critically important to the future of the state."

After moving the bill forward with an initial vote Tuesday, the House then paused and began a new legislative day, allowing the chamber to approve SB 4 with a final vote and also approve SB 3 — a $1.54 billion proposal to build 50 miles of border wall, which it gaveinitial approval to earlier in the day.

"We won't be able to have an opportunity to lay out amendments because you're cutting off our time," Neave Criado said, arguing against Patterson's motion. "You're cutting off our hands, you're cutting off our feet, you're trying to silence our voices."

Despite the bill carving out certain locations where law enforcement could not target undocumented people — including schools, churches, hospitals and facilities that provide forensic medical examinations for sexual assault survivors — Rep. Donna Howard, D-Austin, tried to codify an amendment to allow an undocumented person to be exempt from arrest while attending a medical treatment or a forensics exam with a family member.

"This is going to prevent people from getting the forensic exam because their family member cannot be there with them and that is a horrific thing to have to go through," Howard said before the amendment was rejected along party lines. "We're willing to send a bill that has this damaging impact without considering adding this amendment, even if it means it delays things a bit. I can't quite understand that."

Rep. Salman Bhojani, D-Euless, in presenting a last minute amendment, asked lawmakers to include a provision to require peace officers to verify a person's immigration status before making an arrest. He said that without that amendment, the onus is on everyday Texans to prove they belong in the country as opposed to law enforcement having the burden to prove the offense.

The amendment, which Bhojani said was needed to avoid possible instances of racial profiling, failed along party lines as Democrats proposed several changes before the bill finally passed. SB 4 will now advance to Abbott for approval.

"Without proper verification of an individual's legal status, inaccurate arrests may occur," Bhojani said. "I would hate to penalize anyone who has followed our laws and has done everything right."

In closing arguments, many Democrats rose to plead against the passing the bill. Rep. Joe Moody, D-El Paso, reflecting on the many immigration and border fights during his tenure, said Tuesday night's vote is putting a heavy weight on him and communities across Texas.

"Members, I've walked off this floor defeated many times," Moody said. "And I was telling myself and others around me that I have enough hope to keep fighting, and I'm going to try to tell myself that tonight, I don't know if I believe it."

This article originally appeared on Austin American-Statesman: Texas House OKs bill to arrest, deport suspects of illegal immigration