TYLER, Texas — Any minute now, House and Senate Bill 4 could be signed into state law by Gov. Greg Abbott. This new legislation focuses on curbing illegal immigration and would allow judges at a local level to send migrants who have crossed over illegally to the nearest border facility and ultimately their country of origin.
Longview lawyer Jose Sanchez has been looking into the language of the bill and said it has him concerned.
"The judge basically says, 'Can you show that you're here legally?' and if you can (they'll) let you go," Sanchez said. "If you can't, (they'll) charge you but if you agree to voluntarily or let (them) take you to your country or outside the country, then (they) won't file charges on these cases."
Sanchez assists undocumented East Texans in gaining their citizenship and said this bill make him concerned for his clients.
"If you already found an application and you're just waiting for your time, or you haven't gone to the immigration interview yet then that's not a defense," Sanchez said. "So for them not to detain you either you have legal status or you don't."
Republicans like House Rep. Travis Clardy, who represents Nacogdoches, Newton, Panola, Rusk, Sabine and Shelby counties, said this bill was created to enforce stricter policies at the border.
"We've seen this rapid influx with people from and not just central South America but from literally all over the world are coming up through our southern border. We have a duty and a right and an obligation as Texas legislature to secure Texas and again, our federal government has a duty to protect the American citizens and protect our sovereignty," Clardy said.
The legislation would allow state law enforcement officers to detain a person who cannot show a form of legal documentation.
Smith County Sheriff Larry Smith, president of the Sheriff’s Association of Texas, expressed his concerns about enforcing this law at a local level before lawmakers in Austin.
"Most of them have very few resources as far as manpower or jail capacity. But what it looks like what, the House and Senate both and Gov. Abbott are working on is using the Operation Lonestar detention locations for detainment," Smith said.
Clardy said the state intends to offer funds to counties to mandate this bill. For Sanchez, he says all it takes is for an officer to have probable cause to question a person’s legal status.
"So there's just fear that's going to be among the community. And I think it's wrong. And I think it's inhumane," Sanchez said.
There are exceptions to this potential legislation that says law enforcement cannot detain an undocumented resident in schools, churches or any health care institutions.
"I know in East Texas, there is no desire there to act in that manner to do anything based upon prejudice or to discriminate in any manner," Clardy said.