A proposed bill would establish the Border Protection Unit under the Texas Department of Public Safety, whose chief may appoint “law-abiding citizens” without a felony conviction to serve in the unit.
House Bill 20, relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; and creating a civil penalty was filed by state Rep. Matt Schaefer (R-Tyler) on March 10.
The unit is a “division under the commission consisting of the number of officers authorized by the legislature headquartered in the border region,” according to bill documents.
A chief, who will be appointed by the governor, will adopt rules necessary for the control of the unit, and employ “law-abiding citizens without a felony conviction to participate in unit operations,” the bill states.
Law-abiding citizens employed may not have arresting authority unless authorized by the governor.
Alexis Elicerio, a civic engagement organizer at La Union del Pueblo Entero (LUPE) said this is a concern as it may allow people who may be biased into the Border Protection Unit.
“[It] can be an invitation to a lot of folks that have more of a malintent or, you know, some sort of stereotypes as the bill does not turn people away if they have any sort of extremist ideals,” Elicerio said. “It allows people to parade any type of political ideologies, stickers, anything that they would want to show.”
Alvaro Corral, an assistant professor in the Political Science Department, said having the Border Protection Unit could possibly lead to tension with the U.S. Customs and Border Protection.
“I imagine that the Texas Republicans would say, ‘Well, no, the Texas Border Patrol Unit is there to serve and help [U.S. Customs and Border Protection] so that they are not in conflict,’” Corral said. “However, that may not always be true. They may disagree on something, and so who wins there, right?”
He said this bill would test the understanding and interpretation of immigration and border safety issues.
The bill also states how a person knowingly entering the property of another from a neighboring jurisdiction will be charged with a third-degree felony.
Elicerio believes this charge is “extremely unfair.”
“They’re creating it to be a state felony charge and also having the fine set at a minimum of $10,000,” he said. “So, this is an attempt for them to utilize criminal charges as a disguise … acting like a criminal charge, but its true purpose is to be immigration policies. So, by utilizing the trespassing charge and heightening it to make it more extreme, that’s their tool to enforce immigration law.”
Corral said he would be concerned that the Border Protection Unit would deter people from seeking asylum.
“In the eyes of our immigration law, [people] should not be deterred because they have a legal right to, perhaps, seek asylum,” he said. “People who present themselves and sometimes cross in an unauthorized way, may be doing so in order to literally present themselves to federal agents in order to request asylum. But if the Texas Border Protection Unit acts in such a way as to deter that group of people, is that diminishing our understanding of our asylum laws?”
The Rider asked Ava Stuart, legislative director for state Rep. Erin Elizabeth Gámez (D-Brownsville) for an interview with Gámez. Stuart replied last Tuesday with an email containing a statement from the representative.
“The issue of border security is of the utmost importance to all Texans, particularly those in District 38 as our homes and neighborhoods border Matamoros, Mexico,” Gámez wrote. “HB 20 is working its way through the legislative process and is likely to be carefully debated and amended in many ways before it reaches its final form. Considering the magnitude of the issue at hand, I am confident that my colleagues will take member and constituent concerns seriously and with empathy in mind.”
The Rider also asked Arianna Joslin, Rep. Shaefer’s legislative aide, for an interview with Shaefer multiple times via email, but Joslin told the newspaper in a phone call last Thursday that he was not available.
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