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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a criminal offense for illegal entry |
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into this state from Mexico by a person who is not a citizen or legal |
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permanent resident of the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) Mexican drug cartels are designated as foreign |
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terrorist organizations in Executive Order No. GA-42 because they |
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have trafficked hundreds of millions of lethal doses of fentanyl |
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into this state since 2021; |
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(2) to fund this deadly violence, Mexican drug cartels |
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have recently smuggled aliens across the Texas-Mexico border at a |
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record-setting pace; |
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(3) this unprecedented surge of illegal immigration |
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has been a declared disaster for Texans since May 31, 2021; |
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(4) although an alien commits a federal offense under |
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8 U.S.C. Section 1325(a)(1) and its implementing regulations by |
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entering the United States at any time or place other than a |
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federally designated port of entry, the federal government has |
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ignored repeated demands for aggressive prosecution of these |
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illegal-entry offenses by the United States Department of Homeland |
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Security and the United States Department of Justice; |
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(5) the federal government's refusal to faithfully |
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execute 8 U.S.C. Section 1325(a)(1) and other immigration laws |
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enacted by Congress has broken the federal government's promise to |
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"protect each [state] against invasion" under Section 4, Article |
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IV, United States Constitution; |
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(6) this federal dereliction of duty has compelled |
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this state to protect its own border against invasion by Mexican |
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drug cartels using the sovereign powers reserved to the states; |
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(7) as "Commander-in-Chief of the military forces of |
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the State," the governor has the power to "call forth the militia to |
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execute the laws of the State" to "repel invasions" under Section 7, |
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Article IV, Texas Constitution; and |
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(8) the governor has the authority to protect Texans |
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from cartel violence and defend the state's territorial integrity |
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by enforcing a state-law version of the illegal-entry offense that |
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the federal government has refused to use under 8 U.S.C. Section |
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1325(a)(1). |
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SECTION 2. Chapter 38, Penal Code, is amended by adding |
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Section 38.20 to read as follows: |
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Sec. 38.20. ILLEGAL ENTRY FROM MEXICO. (a) In this |
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section, "port of entry" has the meaning assigned by 19 C.F.R. |
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Section 101.1, as that provision existed on January 1, 2023. |
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(b) A person who is not a citizen or legal permanent |
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resident of the United States commits an offense if the person |
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enters or attempts to enter this state by crossing its border with |
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Mexico at any location other than a port of entry. |
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(c) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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it is shown on the trial of the offense that the actor has |
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previously been convicted of an offense under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |