Texas Governor Greg Abbott has signed into law several bills that introduce stricter immigration enforcement mechanisms and mandatory minimum sentences. These laws raise significant concerns about the safety and rights of anyone traveling in Texas, regardless of their immigration status. Concerns are particularly raised for the Texas trans community.
These legislative actions build upon existing controversial measures under Operation Lone Star, including the imprisonment of migrants under a racially discriminatory “trespass arrest” initiative, the deployment of dangerous concertina wire and a deadly buoy barrier along the southern border, and reports of National Guard personnel allegedly pushing asylum seekers back into the Rio Grande.
Key Laws Impacting Travelers and the Texas Trans Community
State Deportation Law (HB4/SB4 88S4)
Effective in March, this law empowers untrained police officers to participate in immigration enforcement. It establishes a process where Texas police can detain individuals suspected of being non-U.S. citizens who entered or attempted to enter Texas from Mexico (or another country) without authorization. Individuals can be charged with a new state crime of “illegal entry” to Texas, carrying a penalty of up to 6 months in jail. Those previously denied admission or deported from the U.S. could face charges of “illegal re-entry” to Texas, punishable by 10-20 years in prison.
Texas state flag waving in the wind, representing the state's complex political landscape
A person facing these charges can defend themselves by proving lawful presence in the U.S., enrollment in the Deferred Action for Childhood Arrivals (DACA) program, or granted asylum status.
This law further allows Texas judges (not trained in immigration law) to order deportations under certain circumstances, overstepping federal authority. Refusal to comply with a state deportation order can result in charges and imprisonment for 2 to 20 years.
While arrests are prohibited in specific protected locations like places of worship, healthcare facilities (hospitals), and K-12 schools, the law also seeks to shield Texas officials from legal liability related to its enforcement.
The broad implications of this law mean anyone in Texas, including travelers and residents, could be accused of “illegal entry” and face arrest or even deportation by a Texas judge, especially raising concerns within the Texas trans community and other marginalized groups.
Mandatory Minimum Sentences for “Human Smuggling” (SB4 88S3)
Taking effect on February 6, this bill significantly expands the enforcement of the state’s “human smuggling” laws by imposing a mandatory 10-year minimum sentence in most cases. A 5-year mandatory minimum applies to individuals transporting close family members like siblings, parents, or grandparents. This law builds upon existing anti-smuggling measures that have already led to prosecutorial abuse, baseless investigations into humanitarian organizations, and dangerous car chases.
Human Rights Watch analysis shows that individuals arrested on smuggling charges under Operation Lone Star have largely been U.S. citizens with a median age of 26, and some were children aged 14 to 17. The new mandatory minimums are considered disproportionate to the alleged crimes.
This law poses a risk to anyone in Texas, particularly those traveling with undocumented friends, loved ones, or family members, and the vaguely worded nature of the law introduces significant risks for the Texas trans community who may be traveling with friends or family.
Understanding Your Rights if You Travel to Texas
Many people living near the Texas border rely on Texas cities for specialized medical care, air travel, education, and other necessities, making travel unavoidable. Others may travel for work or to visit friends and family.
If stopped by law enforcement in Texas and asked about your immigration status, here’s how to minimize risk:
How to Reduce Risk
- Stay calm. Avoid running, arguing, resisting, or obstructing the officer, even if you believe your rights are being violated. Keep your hands visible.
- Don’t lie about your immigration status or provide false documents.
Your Rights
- Ask if you are free to leave. If the officer says yes, you have the right to calmly leave the area. If you are under arrest, you have the right to know why.
- You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police. Anything you say can be used against you.
- You have the right to tell the officer that you are choosing to remain silent and that you want to consult a lawyer before answering any questions.
- Texas law requires individuals to provide their name, address, and date of birth if lawfully arrested, detained, or if a police officer requests the information with good cause to believe the person is a witness to a criminal offense, including while driving. Refusal is a crime.
- If a police officer asks to search you, you have the right to say no. Officers generally need consent or probable cause to search you or your belongings.
- If you’re over 18, consider carrying proof of citizenship or immigration status at all times.
Additional Preparation Steps
- Prepare for the possibility of unjust arrest, detention, or deportation. Have a plan for someone to care for children, pets, and home needs if you are apprehended.
- Develop a communication plan with family, employers, and others involved in your travel. Share travel plans, stay in touch, and notify them upon safe departure from Texas.
- Keep relevant immigration documents easily accessible.
- Protect digital privacy by disabling face or fingerprint authentication on cell phones or other devices. Use passwords or PINs instead.
- Memorize the phone number of a licensed attorney.
You can find additional information on protecting your rights when stopped by law enforcement in various languages here.
Residents of New Mexico, Oklahoma, Arkansas, Arizona, Texas, San Diego and Imperial counties, and Louisiana who experience racial or ethnic profiling or other rights violations are encouraged to report these concerns through the provided links in the original article.
Conclusion: Proceed with Caution and Awareness
Given the evolving legal landscape in Texas and the potential impact on civil and constitutional rights, especially regarding the “do not travel advisory texas trans”, it’s crucial to approach travel to the state with increased awareness and caution. Understanding your rights and taking proactive steps to protect yourself can significantly mitigate potential risks. Stay informed, stay safe, and be prepared.
