Border security was one of the Republican Party of Texas’ legislative priorities this session, and lawmakers took some steps to address the issue. However, additional measures that would have disincentivized illegal immigration failed to pass.
Republicans successfully passed two key pieces of border security legislation during the 89th session.
State Sen. Charles Schwertner’s (R–Georgetown) Senate Bill 8 requires sheriffs in every Texas county that operates a jail (or contracts with a private vendor to operate one) to formally request and, if accepted, enter into a written agreement with U.S. Immigration and Customs Enforcement under Section 287(g) of the Immigration and Nationality Act.
These agreements authorize local law enforcement officers, employees, and contractors to perform certain federal immigration enforcement functions, such as questioning individuals about their immigration status and serving administrative warrants in jails.
Moreover, SB 8 also establishes a state grant program to fund these efforts.
Senate Bill 36 by State Sen. Tan Parker (R–Flower Mound), meanwhile, creates a new Homeland Security Division within the Texas Department of Public Safety. This division implements new training exercises, provides additional support to existing law enforcement, and protects key infrastructure.
Despite being one of the top consensus priorities of conservative groups and Republican officials, other measures to disincentivize illegal border crossings were left to die in the House.
For instance, State Senator Lois Kolkhorst (R–Brenham) introduced Senate Bill 324, which would have mandated the use of E-Verify for state contractors, political subdivisions, and private employers.
Testifying in support of SB 324 during a Senate Business and Commerce Committee meeting in April, Fran Rhodes of True Texas Project stated that “[o]ne of the magnets that draws people to enter the state illegally is the easy access to employment by unscrupulous employers who do not verify citizenship before hiring.”
Though SB 324 successfully made it through the Republican-controlled Senate, it stalled in the House State Affairs Committee chaired by State Rep. Ken King (R–Canadian).
Three other border security bills shared SB 324’s fate.
Like SB 324, House Bill 323 by State Rep. David Spiller (R–Jacksboro) would have mandated the use of E-Verify for political subdivisions and government contractors, but it died in the House Calendars Committee.
State Rep. Briscoe Cain (R–Deer Park) introduced House Bill 354, which would have created a Border Patrol Unit to ensure the safety and welfare of the border region. It died in the House State Affairs Committee.
State Rep. Ben Bumgarner’s (R–Flower Mound) House Bill 371 would have prevented illegal aliens from enrolling in public schools unless the federal government agreed to reimburse the state for incurred expenses. HB 371 died in the House Public Education Committee.
In light of these losses, State Rep. Andy Hopper (R–Decatur) said that House Republicans failed to fulfill the Texas GOP’s border security priority.
After the fallout from the open borders policy of the Biden administration, many Texans are still calling for additional legislation to secure the border and protect residents.
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