‘Unfair.’ MO Republicans weigh new criminal charges against people in country illegally

Missouri lawmakers this week weighed several Republican-led bills that would allow prosecutors to criminally prosecute individuals in the United States illegally.

The three bills would create new criminal offenses, such as trespass by an “illegal alien.” In some instances, prosecutors could only charge individuals if they have already been accused of another crime. The bills vary in how they define who is in the United States illegally.

The legislation comes amid a nationwide debate over historic numbers of migrants at the U.S.-Mexico border. Republicans across the country, including Missouri Gov. Mike Parson, have sought to draw attention to the southern border ahead of the 2024 presidential election as federal legislation that would provide stricter border security stalls in Congress.

Missouri state Rep. Richard West, a Wentzville Republican and sponsor of one of the bills, said that he’s an advocate of legal immigration but has concerns about the federal government’s handling of illegal immigration. West said his bill would target only those coming across the border with “nefarious ideas.”

“The goal here is to let them know that if you’re going to come to Missouri and commit crimes, you’ll be charged with a felony on top of your original crime,” West said, “so that we can assist in sending you back where you came from until you can do it the right way.”

Democrats voiced opposition during a hearing on Monday. State Rep. Barbara Phifer, a St. Louis Democrat, argued that these additional charges would empower prosecutors to press severe charges against those accused of minor offenses like traffic infractions.

Gabriele Eissner, co-director of the Inter-Faith Committee on Latin America, said the creation of separate charges for individuals in the country illegally is “harsh and unfair.”

“This bill creates disproportionate punishments for minor offenses,” Eissner said. “Any undocumented person who experiences even the slightest brush with the law could find themselves subject to detention and deportation.”

Another bill, sponsored by Rep. Chris Dinkins, a Lesterville Republican, would create the offense of illegal entry, allowing the state to prosecute migrants directly and regardless of whether or not they are facing other charges. Penalties for illegal entry would range from a misdemeanor to a felony.

Dinkins’ bill resembles legislation passed in Texas last year, which would similarly allow Texas authorities to police immigration directly. According to the Texas Tribune, federal prosecutors have challenged state officials in court, alleging they’ve overstepped their power. That lawsuit has yet to be resolved.

In an earlier case, the U.S. Supreme Court ruled that Arizona had violated the U.S. Constitution by allowing state police, rather than federal officials, to arrest individuals based on their immigration status.

During Monday’s hearing, state Rep. Bridget Walsh Moore, a St. Louis Democrat, argued that this bill also violates the Constitution.

“I’m assuming, wherever you got this language, they’ve tried in Texas and Arizona, and it has already been struck down as unconstitutional,” Walsh Moore said.

Parson last week said he planned to put “boots on the ground” at the border after visiting with Texas Republican Gov. Greg Abbott to promote Abbott’s “Operation Lone Star” efforts to fight illegal immigration. Parson has not yet clarified his future plans after the vague announcement on Twitter, but has announced a press conference for Thursday.

Operation Lone Star is a Texas initiative and separate from federal border enforcement activities. The dual efforts have escalated into a broader dispute between state and federal officials at the border.