Governor Abbott called a fourth special legislative session earlier this week, right after the third special session ended without having passed the most nefarious of their proposed state immigration legislation. During the last special session, the House and Senate had different language in the bill and did not arrive at a conclusion causing political crossfire among leadership. However, this fourth special legislative session seemed ominous as both the House and Senate filed identical immigration bills S.B. 4 and H.B. 4.
IDENTICAL BILLS: S.B. 4 and H.B. 4
The general gist of these bills is that they create a statewide crime of “illegal entry from a foreign nation” and would allow any state and local law enforcement to arrest and imprison those suspected of committing this offense from anywhere in the state. These bills then take a step further, creating a process for allowing a state magistrate, judge, or justice of the peace to dismiss the charges and instead order someone removed from Texas in the alternative to serving time. The bills would authorize state and local law enforcement to return to a port of entry, any individual who has been convicted of this crime once they have served their time. There is much more detail on the bills that the Texas Civil Rights Project has thoroughly detailed here.
HOUSE STATE AFFAIRS COMMITTEE HEARING
Yesterday, the House State Affairs Committee held a hearing with both invited and public testimony for H.B. 4. Much of the public testimony was in opposition to the bill from various grassroots groups, civil rights organizations, community members, immigration law experts, and faith based voices. Many of these organizations have consistently shown up again and again often on short notice.
Much of the testimony brought up several points on the dangerousness of the broad language of this statewide bill that will in practice be a “show me your papers” law. SCOTUS has already struck down a similar law in Arizona v. US. Indeed, expert immigration lawyers have in this session and prior sessions testified about the unconstitutionality of this bill. This bill essentially violates the legal and human right to seek asylum regardless of point of entry. As our very own Bee Moorehead testified:
“The whole point of asylum is you have to be on U.S. soil before you can claim it. The bill as the author has described it this morning, creates a Möbius loop where there could theoretically be no end to the number of times an individual could be arrested and incarcerated just as they are in the process of claiming asylum. Faith communities oppose HB4 and other anti immigrant bills for reasons of faith and conscience certainly, but in this case there is no need to raise theological objections. The bill is dangerous to anyone anywhere in Texas who happens to draw the attention of a law enforcement official.”
This statewide bill is indeed dangerous to all Texans, further continuing to endanger border communities that are already over policed and militarized. Erin Walter, Texas Unitarian Universalist Justice Ministry, Minister and Executive Director, and a Texas Impact board member attended our Courts & Ports program this week and witnessed for herself the over policing of community, and had conversations with asylum seeking families trapped in a Matamoros asylum encampment in dire conditions waiting for a CBP One appointment for months on end. Rev. Erin Walter stated in her testimony:
“Last night I returned from a border delegation with members of our churches from around the state, witnessing and having conversations with border patrol officers in the Valley, with families seeking asylum and safety, with people of faith providing humanitarian aid and support. It was a beautiful and difficult experience that informs my testimony today in deep and faithful opposition to HB4. Nowhere in my time did I witness anything that asks for this discriminatory bill. Our people do not want increased policing and incarceration, my god of love and peace does not want increased policing, incarceration, and discrimination. During our lunch there were more people policing having lunch in our restaurant than there were of everybody else. Not only is this bill unneeded but it is dangerous for Texans.”
Unfortunately, real people will suffer the grave consequences of having their lives completely upended. Criminalizing and returning individuals to ports of entry does nothing to solve the humanitarian crisis at the border, instead this bill only endangers all Texans. As Texas Civil Rights Project Advocacy Manager, Roberto Lopez, stated during his testimony:
“Texas seems so happy to play customs and border protection, but I have not seen a bill to support CBP processing at bridges, and that tells me that you are not serious about solving the problem in favor of political theater. Speeding up processing at legal ports is a real solution, not this civil and human rights disaster waiting to happen.”
SENATE STATE AFFAIRS COMMITTEE SUSPENDS POSTING RULE
Yesterday, the Senate State Affairs Committee suspended their posting rule and held a hearing on SB4 without notification, seeking to vote the bill out of committee without public knowledge or testimony. Fortunately, two people who testified in opposition in the House committee managed to testify in the Senate committee which then quickly moved the bill onto the Senate floor.
On the Senate floor, Senator Gutierrez asked Senator Perry, the author of SB4, “when was the last time you went down to the border?” Senator Perry, answered, “It’s been a few years actually, I’ve been down there three times, but I can tell you I haven’t been down there late.” Later in the same line of questioning from Sen. Gutierrez, Sen. Perry continuously stated “this bill does not change the federal immigration process.” Despite the reality that this bill would in fact deny people the ability to claim asylum once they are on U.S. soil. Federal Code 8 U.S.C. §1158(a)(1) states anyone regardless of how they entered the United States may seek asylum.
The Senate voted on the final passage of SB4 but before doing so, Senator Birdwell, who filed similar bills 6 times in the past in the Senate Border Security Committee, stood up in opposition to this bill due to constitutionality concerns. Senator Birdwell quoted President Washington’s farewell address. “The oath is not an administrative formality of holding office, as President Washington said, ‘this is a sacred obligation.’” The rest of the speech is on Texas Impact’s LegeTV here. Senator Birdwell voted against SB4.
TAKE ACTION: Call your State Representative and tell them to vote NO on HB4
PHOTOS OF THE UNIVERSALIST UNITARIAN GROUP ATTENDING COURTS & PORTS BORDER WITNESS PROGRAM
This group spent two days in the Valley witnessing, learning, and being in community with each other and the various faith organizations who provide humanitarian welcome to asylum seekers. This included hearing from border patrol, immigration legal experts, witnessing immigration court proceedings, and speaking to asylum seekers in Matamoros and in the various shelters across the Rio Grande Valley.
