A new law aimed at curbing human smuggling has been signed by Gov. Greg Abbott.
Senate Bill 4, passed during the third special legislative session, was signed into law this week and will take effect on February 6, 2024, making the criminal offenses of human smuggling and operating a stash house felonies and thus punishable by a minimum of 10 years in prison.
First introduced in October during the third session by Sen. Pete Flores (R-Pleasanton), the law is part of a broader package aiming to secure the border and fight unlawful migration into the U.S.
“We must pass laws that will enhance the safety of all Texans by increasing funding for strategic border barriers and mirroring the federal immigration laws President Joe Biden refuses to enforce,” Abbott said in a news release at the close of the third session. “Texas will also arrest people for illegal entry into our state from a foreign nation, and authorize the removal of anyone who illegally enters our state, with penalties up to 20 years in prison for refusing to comply with removal.”
However, some have questioned how the new law — and others like it — might be put into practice and who might be negatively affected, as The Dallas Express has reported.
“It’s just going to bring about more racial profiling,” predicted El Paso County Commissioner David Stout, according to KERA. “All of the people that work in the [non-governmental organizations] here in El Paso don’t ask people what their documentation or status is. They could be considered, under that bill, as breaking the law.”
In late October, an alleged human smuggler from North Texas led officers from the Texas Department of Public Safety and Kinney County in a high-speed car chase along the border on U.S. 90, as previously covered in The Dallas Express. After exceeding speeds of 90 mph and nearly hitting a school bus, the suspect’s vehicle was stopped, and three individuals, including two unlawful migrants, were arrested.
Once the new law takes effect early next year, such offenses will no longer be considered misdemeanors. However, cooperating with law enforcement or smuggling a relative might lead to just five years behind bars instead of 10.
“The intent of this legislation is to go after those bad actors and not necessarily their family members or those rendering aid,” explained Flores, according to KERA.
Relatedly, Senate Bill 4 of the fourth special session (much like SB 11 of the third) would make it a state crime to unlawfully enter Texas and allow state law enforcement officers to apprehend suspected unlawful migrants, as reported by The Dallas Express. Passed by both the Senate and House, the bill has been signed by the Senate and enrolled.