AUSTIN, Texas — On Wednesday, the House Committee on State Affairs heard testimony over a bill that would expand the State’s ability to enforce immigration law.
House Bill 20, priority legislation filed by State Rep. Matt Schaefer, calls for the creation of a new unit within the Texas Department of Public Safety (DPS).
The “Border Protection Unit” would be a force of officers that can “arrest, detain, and deter individuals crossing the border illegally including with the use of non-deadly force.” The bill says the officers of the unit must be U.S. citizens or permanent legal residents, or have law enforcement experience.
Schaefer’s bill proposes giving officers in the Border Protection Unit immunity “from criminal and civil liability for any actions taken that are authorized” by the proposed law. The bill also says its chief could hire civilians, so long as they have not been convicted of a felony, to "participate in unit operations and functions." The civilian hires, however, would not have the authority to arrest anyone, unless trained and specifically authorized by the governor.
HB 20 would also make trespassing on private property in Texas by migrants entering from Mexico a felony.
The legislation additionally states that if the federal government ever declared another national public health emergency over COVID-19, or has in place any COVID-19 vaccination requirements for any U.S. citizens including government and health care workers, then the State would be allowed to remove migrants “as rapidly as possible.”
It also calls for a $10,000 fine for those caught crossing. The bill would raise the offense to a third-degree felony from a misdemeanor, as it currently is under federal law.
On Wednesday morning, lawmakers and immigration advocates denounced HB 20 and bills paired with it, such as House Bill 7, authored by State Rep. Ryan Guillen. HB 7 would create a parallel court system to try migrants and smugglers picked up by the state-run patrols. It also endorses raising a mix of public and private funds to run the court and continue building barriers along Texas's border with Mexico.
By the time registration to testify came to a close, more than 300 people had signed up to speak before the House Committee on State Affairs. The majority of witnesses said they’d be speaking against HB 20.
State Rep. Gene Wu said the State is trying to create a “secret Texas police force” through HB 20. State Rep. Victoria Neave Criado said the bill would encourage vigilantes to detain people who they perceive as migrants, without penalty if they do something wrong.
Roberto Lopez with the Texas Civil Rights Project said people crossing into the state are simply seeking a better life – something people have done for “a millennium.”
“This is a humanitarian emergency,” Lopez said. “And while we've had immigrants come to our borders for decades, we continue to throw more cages, more bullets, more walls at the problem, and we have never taken a humanitarian approach – a community-centered approach – to welcome individuals."
Lopez and other advocates said the State needs solutions to better treat and help welcome migrants.