SB4

In the 88th Fourth Special Session, the Texas Legislature passed SB4, which created three new state immigration criminal offenses for Illegal Entry, Illegal Reentry, and Refusal to Return to a Foreign Nation. It is punishable by up to 6 months in jail or up to 2 years in prison if a person has been previously convicted. 

For SB4 Illegal Entry arrests, anyone who is a non-citizen, or who cannot prove they are a citizen, if there is probable cause to believe they entered Texas from a foreign nation at any location other than a port of entry. This includes anyone who has “lawful presence,” a grant of asylum, or is a DACA recipient (under the original program between June 15, 2012, and July 16, 2021)​. 

For SB4 Illegal Reentry, any non-citizen regardless of current status and includes anyone who is a lawful permanent resident, a DACA recipient, asylum grantee or anyone else with any type of lawful presence with no affirmative defense allowed​. 

Under the 4th Amendment, you have the right to refuse  a police search of your home, vehicle, or personal property without a warrant.

Under the 5th Amendment, you have the right to remain silent and not incriminate yourself. Invoking the 5th Amendment required you to verbally state “I am invoking my 5th Amendment right to remain silent and want to speak to a lawyer.” You do not need to have an attorney to say this nor answer any questions about your immigration status to a state law enforcement officer. 

Under the 6th Amendment, you have the right to an attorney if you have been charged with a crime. If you cannot afford an attorney, you have the right to have one appointed to represent you free of charge. If you are arrested for a crime, you should always consult with a lawyer before making decisions on how to proceed.