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Texas Senate Approves New Immigration Enforcement Legislation

Texas Senate passes state immigration enforcement bill

The Texas Legislature has moved one step closer to passing a controversial immigration-enforcement bill that would create a new state offense for unauthorized entry into Texas. The Texas Senate gave final approval to Senate Bill 4 late Thursday night. Because Senate Bill 4 was advanced and debated on the Senate floor just a few hours later, this gave short notice to allow the public the opportunity to testify in favor or against a major proposal. SB 4 creates a state crime for unauthorized entry into Texas from a foreign country, a class B misdemeanor on first offense. The charge would increase to a state felony for a subsequent offense. It also permits a judge or county magistrate to order the migrant returned to a port of entry, but only after all identifying information is obtained and cross-referenced with state and federal databases. Immigration attorneys have said state-based immigration enforcement is likely unconstitutional because of a 2012 U.S. Supreme Court decision struck down an Arizona law that sought to expand state powers on immigration enforcement.  The Texas Senate took the same steps on a separate bill, Senate Bill 3, that appropriates more than $1.5 billion for construction of border barriers on the state’s southern border.
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