This week the Texas Legislature began its third Special session. As expected, border bills were on the agenda. On Tuesday, with short notice, the Senate Border Security Committee held a hearing to discuss the two immigration bills filed, Senate Bill 4 (SB 4) and Senate Bill 11 (SB 11). The committee hearing included mainly testimony from DPS Director McCraw, the Border Prosecution Unit, as well as the public. Much of their discussion focused on the concern for the lack of space, and capacity to arrest, and imprison all these new people who would get funneled into the state criminal justice system, under these new laws. On Thursday night, SB 4 was passed in the Senate Chamber and will move onto the House, while SB 11 awaits formal approval on the Senate floor before it can move onto the House.
A CLOSER LOOK AT SENATE BORDER LEGISLATION
Senator Flores Filed SB 4: Increases human smuggling charges to 10-year minimum imprisonment.
- Intent of SB 4: “Deter such criminal activities”
- Reality of SB 4:
- The overbroad language in SB 4 is dangerous because it could potentially lead to faith ministries, NGO’s, and mixed status family members, or anyone to be charged and imprisoned for human smuggling.
- Deter faith ministries, NGO’s, or anyone from providing humanitarian services to migrants in fear of getting charged under this law
- Texans paying the high costs to incarcerate many people for a long time
- SB 4 Does Not Solve:
- The root causes of why people are forced to flee their home countries to seek asylum
- The danger of being kidnapped, assaulted, and extorted by criminal organizations in Mexico while migrants are forced to wait for months for a CBP One appointment to seek asylum at a point of entry.
- The lack of safety and basic provisions like shelter, food, and water while stuck waiting in Mexico
- The lack of infrastructure and capacity for federal authorities to process asylum seekers efficiently and effectively at ports of entry
- The 2.6 million backlog of cases in immigration court
- The 600,000+ backlog of affirmative asylum applications pending with USCIS
Senator Birdwell Filed SB 11: Creates a new criminal offense of improper entry from a foreign country.
- Intent of SB 11: “Combat the unprecedented border crisis”
- Reality of SB 11:
- The overbroad language in SB 11 allows law enforcement officers in border regions to violate a migrants’ legal right to claim asylum once they are on US soil by arresting them rather than letting them be processed by federal immigration authorities.
- This is a dangerous bill because even though the author of the bill claims this will only be carried out on the border, in practice, it could potentially be carried out as a “show me your papers” law that was struck down in Arizona v. US.
- Texans paying the high costs to incarcerate many people for a long time
- SB 11 Does Not Solve:
- The root causes of why people are forced to flee their home countries to seek asylum
- The danger of being kidnapped, assaulted, and extorted by criminal organizations in Mexico while migrants are forced to wait for months for a CBP One appointment to seek asylum at a point of entry.
- The lack of safety and basic provisions like shelter, food, and water while stuck waiting in Mexico
- The lack of infrastructure and capacity for federal authorities to process asylum seekers efficiently and effectively at ports of entry
- The 2.6 million backlog of cases pending in immigration court
- The 600,000+ backlog of affirmative asylum applications pending with USCIS
POTENTIAL REAL DANGER OF SB4 FOR FAITH MINISTRIES
Today, I was honored to spend an entire day at the facilities of Southwest Good Samaritan Ministries in the Valley. It was a day surrounded with incredible people including visiting clergy, lay people, asylum seekers, staff, and the founder, Pastor Pereira who once upon a time, arrived in the US as a refugee himself.
This ministry houses asylum seekers once they have been processed by federal authorities. Part of their ministry is providing English courses for the asylum seekers, they partner with an immigration attorney to provide legal services, they provide food, clothing, and hygiene items to local NGOs and in Mexico, who also provide provisions to asylum seekers. This ministry really is a blessing to all they serve and come in contact with. I know I only witnessed a small piece of the wonders they work and I look forward to continuing to collaborate with them in the future.
Now imagine, Pastor Pereira is transporting a group of asylum seekers to a worship event in the Valley when they are pulled over by DPS. The group of asylum seekers in his vehicle currently do not have an official legal status because they are pending immigration court hearings. Under SB 4, Pastor Pereira could be charged with human smuggling and subject to imprisonment for 10-years minimum.
Pastor Pereira would most likely spend time in jail and possibly have to pay for a defense attorney to help him prove his innocence. Being funneled into the criminal justice system is emotionally tolling to the person and their family, a loss of time in their life that they will never regain, and an economic toll among other burdens. SB 4 has severe dangerous consequences for innocent people that will inevitably end up entangled in the criminal justice system under this law.
TAKE ACTION
Clearly, our state legislators believe that the solution to the border humanitarian crisis is to arrest and imprison as many folks as possible. The strict crime and punishment approach of these bills is ineffective when people are fleeing their home countries in search of safety and as such, deterrence is not a factor for them. These bills only further endanger and will potentially incarcerate, not only migrants, but now mixed status border families, faith based ministries, NGOs, and any other innocent person who provides humanitarian provision to migrants.
- Next week, the companions to these two bills will be heard in the House. Call your State Representatives and let them hear the voices of faith communities. Tell them these dangerous and wasteful border bills do not conform to our faith values. Even better, go testify in person!
- Call your Congressional legislators and tell them to support and pass much needed federal immigration legislation like the DIGNIDAD Act of 2023.
