Texas is on the path to another record year for smuggling arrests and illegal immigration through its southern border into the United States. As time passes, concern for the issue continues to grow, with 41% of Americans in a recent poll saying increasing security at the United States-Mexico border should be the top immigration priority.
On President Joe Biden’s first day in office, he reversed many of former President Donald Trump’s border policies, including Remain in Mexico. President Biden has failed to take executive action to stop the flow of illegal immigration at the southern border, and his administration has failed to implement border policies that discourage migrants from coming to the U.S. Congress has failed to enact comprehensive immigration reform, further adding to the influx of illegal immigration.
Earlier this year, Texas Gov. Greg Abbott invoked Article IV of the Constitution, which states that the federal government “shall protect each [State] against invasion.” Texas has committed billions of dollars to Operation Lone Star to provide funding for local law enforcement agencies to assist in enforcement, investigation, and prosecution of crimes such as human and drug smuggling, to keep Texas safe.
In an attempt to curb illegal smuggling across the border under a portion of Senate Bill 4 that was not appealed and is currently law, on the provisions of “smuggling of persons,” Texas increased the punishment to a minimum of 10 years instead of the previous two years, and “operating a stash house” would carry a minimum prison sentence of five years.
Currently, Section 20.05 of the Texas Penal Code defines smuggling of persons, a third-degree felony, as “transporting an individual with the intent to conceal the individual from a peace officer; or encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.”
Unlike trafficking, which involves an unwilling individual who is forced to engage in labor or services, smuggling involves a willing individual who seeks to enter a foreign country. But those being smuggled also endure pain, hunger, thirst and exhaustion. Many don’t make it to their destinations.
As a Texan, I am often confronted with headlines about smugglers taking advantage of immigrants. In June 2022, 53 people who were smuggled into the U.S. from Mexico and Central America were found dead in a tractor-trailer in San Antonio.
By increasing punishment for smuggling, SB 4 would reduce the number of such horrific incidents, deter illegal immigration and result in less profit for smugglers.
Critics may argue that the law will have the opposite of its intended effect — that the more difficult illegal immigration through the southern border becomes, the more illegal immigrants will risk coming across. But SB 4’s smuggling provisions are to destroy the means of smuggling, not the will of those who may seek to be smuggled.
Others argue the cost of increased arrests and incarceration resulting from SB 4 will be overly burdensome on the resources of border towns, and I agree. At least in the short term, additional funding will be necessary to properly staff judges, lawyers, translators, jail space and various other resources.
But, in the same manner that the Biden Administration’s policies have resulted in a perceived “open border” causing a rise in illegal immigration, Texas seeks to create a perception and instill a fear of incarceration in any individual who would assist in the illegal entry into the U.S. through Texas, deterring them and driving their potential clients away.
The bottom line is that there is no quick, cheap, or easy fix. Yet the lack of a route forward may prove more costly than inaction.
Abbott’s attempt to stop the tide of illegal immigration is unlikely to work without the support of the federal government. Texas is fighting for its security, spending billions of dollars generated from state taxes at the cost of dollars toward education, social services, roads and highways.
Texas is rightfully prioritizing securing the 1,200 miles of border with Mexico, and Congress and the Biden Administration need to support these security efforts. Our state’s sheer size, resources and financial prowess make it invaluable, and anything that puts the state of Texas at risk should be considered a threat to every state.
