During a special session, the Texas Senate Border Security Committee approved three controversial bills related to border security. However, because the Texas House is in recess, these bills are unlikely to become law in the near future.
In a hearing that lasted nearly two hours, the committee, led by Republican lawmakers, approved three bills for consideration by the full Senate:
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SB 5 would establish a mandatory 10-year prison sentence for arrests related to human smuggling and the use of stash houses.
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SB 8 would create a “Texas Border Force” under the Texas Rangers that would work alongside DPS troops and the Texas National Guard. This unit would be stationed along the border from Brownsville to El Paso and would be responsible for installing concertina wire and high-tech surveillance equipment. It would also operate surveillance checkpoints.
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SB 2 would make entering Texas illegally from Mexico between U.S. ports of entry a state crime, with offenders facing criminal trespassing charges.
The committee also discussed HB 2, a bill similar to SB 5, but it was not put to a vote because members raised concerns about a provision that would have reduced the minimum sentence to five years for defendants related to the person being smuggled.
State Sen. Juan “Chuy” Hinojosa, a Democrat from McAllen, expressed concern that families could be unfairly affected, particularly in the Rio Grande Valley.
“You have to make sure that a family member taking someone to the doctor isn’t considered a smuggler,” Hinojosa said.
Committee Chairman Brian Birdwell, a Republican from Granbury, said HB 2 presented “significant challenges” and declined to support it.
The bill was left pending so the committee could work on a substitute version. However, because the bill originated in the Texas House and the House has concluded its session, even if the committee and full Senate approve a substitute bill, there would be no House in session to consider it.
Because the House is not in session, any bill amended and approved by the full Senate would have to return to the House for approval. That will not happen soon because House lawmakers are in recess.
Despite this, Hinojosa made clear his opposition to creating a Texas Border Force and imposing criminal trespassing charges on people who cross the border illegally.
“This would create chaos at the border. This is just my opinion based on what I’ve seen. I live on the border, I grew up on the border, and my family is on the border. So I have a pretty good idea of what is feasible and workable and what perhaps is not,” Hinojosa said.
Texas Department of Public Safety Director Steve McCraw said the Texas Border Force would not establish checkpoints in urban areas. Hinojosa, however, asked whether Anzalduas Park in Mission, Texas, would be a likely location.
McCraw said yes, because migrants regularly cross the Rio Grande from Reynosa, Mexico, at that location.
Another concern raised by Hinojosa was whether families would be pursued and charged with criminal trespassing.
McCraw said, however, that migrant families who surrender would be transferred to the U.S. Border Patrol, as they currently are, and would undergo credible fear screenings to determine whether they qualify for humanitarian parole. McCraw said the purpose of the bill was not to target families but rather human smugglers and adults who knowingly cross the border illegally.
Hinojosa noted that “our jails are overcrowded, and many border counties have to rent additional facilities just to house the number of inmates in custody who are U.S. citizens.”
McCraw agreed that border jails are full but said arrests would be “discretionary” to prevent facilities from reaching maximum capacity.
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