Don't Tread On Texas
or the legislature will tinker with the law!
(Photo attribution, Wikimedia Commons Daniel Mayer, Texas Capitol, 2007)
The recent border security bill, SB 3/SB 4, passed by the Texas legislature is so-so. (Technically SB 3 and SB 4 are separate bills but they are “companion legislation” so they are two halves of the same whole for all intents and purposes). If it was a movie I’d give it two and a half stars out of five, “An able performance by the ensemble but overall only left the audience wanting more".
Here’s the pros
The bill designated 1.2 Billion to build 100 miles of non-continuous wall on the border in Maverick, Starr, Val Verde, and Webb counties. Since the wall is the only thing that will continue to repel illegal immigration even as presidential and gubernatorial administrations change, this is a good idea.
About 250 million is going to go to supporting local law enforcement in border counties.
The remainder, about 40 Million, is going to help police the illegal immigrant colony named Colony Ridge outside of Houston.
Here’s the cons
The bill criminalizes something that is already a crime. Everyone who illegally crosses the Texas border has already committed a crime warranting arrest at both the federal and state levels. Entering the U.S. illegally is a crime at the federal level and an unauthorized crossing into Texas is trespass, among other crimes.
Additionally, much of the illegal immigration is concomitant with other more serious crimes including drug trafficking and possession, and sex trafficking. This bill would only add an additional and lesser charge to these offenses.
Deportation
While the bill allows for quicker deportations of illegals through ports of entry, it is a watered-down version of what could actually fix the problem. A full invasion declaration pursuant to Article 1, Section 10 of the United States Constitution would allow summary expulsions where illegal immigrants can be arrested and expelled from the country in a system similar to the COVID-era expulsions under Title 42, without need for trial.
Wall Funding
The state has a $32 billion surplus. Why did we just have to vote on ballot measures about public parks in El Paso? Why are we not spending that on a wall and border enforcement? I wouldn’t mind approving the public parks in El Paso as long as they are surrounded by a big beautiful wall.
1.2 Billion for a wall is good but more is needed.
Mandatory E-Verify
Further, the bill doesn’t dig at the root of the issue. Illegal immigration is possible in Texas in part because there are thousands of employers willing to employ illegals. Illegal immigration is not alone fueled by wealthy families hiring nannies, several of Texas's leading companies have been caught employing illegal immigrants.
Mandatory E-Verify, a cost-free form of government background check that can take as little as a few seconds to run, can help cut off the employment of illegal immigrants in Texas.
Alabama was one of the first states to embrace mandatory E-Verify and it was a smashing success. If you have lived in Alabama, as I have, you know that “illegal immigrants only take jobs Americans won’t do” is a myth. Landscaping crews, construction workers, waiters, housekeepers, and other blue-collar laborers in Alabama largely come from the white and black working class, teenagers and college kids.
When Florida embraced E-Verify this spring, there were hysterical cries from the tourism and agricultural industry that all of Florida’s growth would collapse. It has been 7 months since Governor Ron DeSantis signed E-Verify into law and none of the doomsday predictions came true. Just this morning, hospitality and tourism were listed among Florida’s hottest growing industries, according to CIOLook.
Florida demonstrated that illegal immigration can be reigned in without detriment to key Texas industries.
Final Verdict
The current border security bill is a lot like the movie Interstellar, it’s an interesting concept despite mostly being a disappointment.
Obviously, the legislature is trying to cover itself by doing something about immigration because it has–– yet again–– failed to do something on education after four special sessions in one year. However, instead of tinkering with things that are already illegal, the Texas legislature should do the handful of things that are known to work.