North Texas law enforcement reacts to bill to make crossing TX-Mexico border state crime

The Texas House of Representatives approved a Senate bill on Nov. 14 that would allow local law enforcement to arrest undocumented immigrants, making it a state crime to illegally cross the Texas-Mexico border.

While Senate Bill 4 has been sent to Gov. Greg Abbott’s desk to be signed into law, Tarrant County Sheriff Bill Waybourn says the sheriff’s office does not have concerns about enforcing the bill as it may be more heavily enforced in other areas of Texas.

“We don’t really see there will be a need for enforcement in Tarrant County. SB 4 mainly applies to counties on the border. The arresting officer has to see the illegal crossing happen in order to make an arrest,” Waybourn told the Star-Telegram.

But activist groups, such as the League of United Latin American Citizens, say the bill is unconstitutional and believe it will lead to widespread racial profiling.

“If you look Hispanic, I can see police officers, especially in rural counties and smaller cities asking, ‘Show me your papers’ to U.S. citizens,” said Domingo Garcia, LULAC national president.

According to Garcia, the organization has retained counsel and plans to file a lawsuit when the bill takes effect, which is scheduled for early March 2024, after Gov. Greg Abbott signs it into law.

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“We’re going to be looking for individual plaintiffs to file lawsuits challenging the law based on racial profiling,” Garcia said.

He says the bill is also being used “strictly as a weaponization of politics to scapegoat and create fear mongering for the 2024 elections.” As a result, LULAC is asking the Department of Justice to sue Texas for violating federal powers over immigration laws regarding the 2012 Supreme Court case, Arizona v. U.S. In the case, the Supreme Court ruled it unconstitutional for states to implement their own immigration laws that conflict with federal law.

Out of approximately 2 million people in Tarrant County, 16 percent of the population are foreign born. Out of Tarrant County’s foreign-born population, 56 percent are not U.S. citizens, according to 2022 data from the U.S. Census Bureau.

Texas is the state with the second-highest population of undocumented immigrants in the country, estimated at 1.6 million, according to a 2023 report by the Pew Research Center.

The Tarrant County Sheriff’s Office is not concerned about the bill leading to racial profiling or how the new law would affect relationships between the community and officers, according to Waybourn.

“We have no concerns of racial profiling because this bill will be focused on illegal border crossings and we know of people from all over the world coming into this country illegally by way of the southern border,” Waybourn said. “As far as affecting an officer’s relationship to the community, I would hope members of the community would like to see individuals involved in criminal activity taken off the streets of their neighborhoods.”

SB 4 prohibits police from making arrests in certain areas including public or private schools, churches, other places of worship, health care facilities, and facilities that provide forensic medical examinations to survivors of sexual assault.

Fort Worth police, Dallas police and the Dallas County Sheriff’s Office all declined interviews with the Star-Telegram, but Arlington police say they believe their “federal partners continue to be best equipped and trained to handle,” immigration cases as the police department is “focused on reducing crime, disrupting gun violence, and promoting traffic safety.”

The bill states there must be probable cause in order for officers to make an arrest. The arrested person will go before a judge and has the option to return to Mexico, dismissing the charge of a Class B misdemeanor, which is punishable by up to six months in jail.

A person will be eligible for dismissal of the charge if they have not been previously convicted of entering Texas illegally under SB 4. If they have been previously convicted, they could then be charged with a second-degree felony, with a punishment ranging anywhere from two to 20 years in prison.

Tarrant County Criminal District Attorney Phil Sorrells said his office plans to prosecute cases of arrested migrants when the bill is signed into law.

“These cases would receive the same attention and priority as any other case this office would receive,” Sorrells said.