North Texas sheriffs share thoughts on SB4, which would make illegal border crossing a state crime

Texas Governor Greg Abbott plans to sign Senate Bill 4 into law. The controversial bill allows any officer in the state to arrest someone they think crossed into the country illegally.

Democrats say SB4 will lead to racial profiling and packed jails.

A lawsuit to block SB4 will likely be filed as soon as Gov. Abbott signs it. 

The immigration bill allows any law enforcement officer to arrest someone they suspect entered the U.S. illegally. 

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Texas lawmakers pass controversial bill making illegal border crossing a state crime

The controversial Senate Bill 4 was passed by legislators on Tuesday night. The bill creates a new state crime for illegally entering or re-enteing into Texas from a foreign country.

The bill language does state there must be probable cause. 

"It opens the door for the potential of biased policing, because if we don't have it spelled out for us, and we articulate well, here's why I stopped them, you know, I think we can just really get into a really great area if we're not careful with that," Dallas County Sheriff Marian Brown said.

Tarrant County Sheriff Bill Waybourn had initial concerns about SB4, but he now sees it as a law that’s specific for law enforcement in border counties. 

"It's very clear this is a tool for the peace officers on the border, and officials on the border, and I don't see any impact on Tarrant County or north of the border," he said.

Gov. Abbott said he will sign the bill into law, but it’s unclear when that will happen. 

If the bill becomes law, after the migrant is arrested, they will go before a judge. 

The migrant has the option to be returned to Mexico.

If the migrant does not return, they will face a state jail felony, which carries up to 20 years in prison. 

Sheriff Brown is also concerned about jails filling up because of this law. 

"Holding some 30 plus city’s inmates to make sure that they answer to their charges. Then that means that we have to take care of those persons and we have to feed them. We have to house them, and that takes funding," Brown said.

North Texas Republican Rep. David Spiller carried the bill in the House this week and does not think this law would lead to more racial profiling or crowded jails. 

"I understand that not everyone agrees with it, but I feel that is what we have to do and I feel it's completely constitutional. We have followed and tracked existing federal law. If the federal government would enforce federal law that's been in place for decade, we wouldn't have to be doing this. So it really shouldn't be controversial," Spiller explained.

To hear more about SB4, watch Texas: The Issue Is Sunday night.

You can hear more from Rep. Spiller and the FOX Texas Trio will discuss both sides.