Redacción

After the approval of SB4 in the state of Texas, migrants who illegally enter the United States could face severe consequences, including being tried for first and second degree felonies, for which they could spend between 2 and 20 years in prison. Here we explain.

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Although SB4 has been «cooking» since 2017 in the Texas Congress, this November it was approved by Texas lawmakers, a law that promised to toughen immigration measures against undocumented foreigners.

It is no secret that the governor of Texas, Gregg Abbot, has expressed his rejection for the arrival of migrants to the United States, so this new law means an additional challenge for people in mobility.

SB3 grants an amount of US$1.54 billion to build barriers and reinforce the border fence, as well as granted additional funds to police corporations for border surveillance.

SB4 establishes that local authorities, considered agents of a municipality or county; district attorney, criminal district attorney or county prosecutor with criminal jurisdiction and a county court, will have the authority to detain undocumented migrants who are «suspected» of illegally entering the United States through the southern border.

It also empowers judges to deport and prosecute migrants suspected of entering the country illegally, depriving them of a fair and adequate process.

It also establishes that persons arrested at the southern border of the United States may be charged under Chapter 51 of the Code of Criminal Procedure of the State of Texas as «fugitives from justice».

This new law would become effective as of February 6, 2024.

Migrants who are detained under the premises of this new law could be punished for a first degree felony and face no less than five years in prison, depending on their criminal history. 

While the penalty could be increased, if the person resists arrest, he/she will be convicted of a second degree felony and will be punished with imprisonment for a term of not less than 2 years and not more than 20 years.

In addition to imprisonment, in both cases, the convicted person may be fined not to exceed $10,000.

In this regard, the Mexican government issued an official statement in response to the recent immigration measures adopted in the state of Texas, underlining its commitment to respect the sovereignty of each country to define its public policies, as well as expressing its concern that these policies will affect more than 10 million people of Mexican origin residing in Texas.

In its statement, Mexico rejected any measure that would allow state or local authorities to detain and return people to Mexican territory, and said it is willing to work together with the United States, seeking an orderly, safe and respectful of human rights migration.

In addition, he expressed concern about the possible impact of legislative measures in Texas, which could foster hostile environments that lead to acts or hate crimes against migrant communities.

What to do in case of being detained under SB4?

In this regard, the Mexican government made the following recommendations:

• Do not discuss your immigration status or place of birth with the officer. Remember that you can express that you want to exercise your right to remain silent: «I want to remain silent».
• Address the officer with respect.
• Remain calm.
• Obey the officer’s directions.
• Do not resist or struggle.
• Do not give false information.
• Give the officer your name, address and date of birth.
• If you do not speak English, let the officer know: «I don’t speak English».