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HB 1303

Relating to certain criminal offenses involving illegal entry into or illegal presence in this state by a person who is an alien, including the enforcement of those offenses; increasing criminal penalties.

89th Legislature (2025) Introduced by Ben Bumgarner and 17 co-sponsors

Texas bill increases criminal penalties for illegal entry/presence by non-citizens, expanding state-level immigration enforcement beyond federal authority.

Referred to Homeland Security, Public Safety & Veterans' Affairs
#aliens(i0032) #crimes--miscellaneous(i0200) #criminalprocedure--general(i0208)
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WeVote Research Nonpartisan
Bill Summary · HB 1303

Legislative bill overview

HB 1303 proposes to increase criminal penalties for offenses related to illegal entry into or illegal presence in Texas by non-citizens. The bill would strengthen enforcement mechanisms for immigration-related offenses under state law, moving beyond federal immigration authority into state criminal jurisdiction. The specific penalties and enforcement changes are not detailed in the bill number alone.

Why is this important

This represents a significant expansion of state-level immigration enforcement, as immigration has historically been a federal responsibility. If enacted, Texas would create or enhance state crimes around immigration status, potentially affecting how law enforcement agencies interact with immigrant populations and increasing the criminal justice burden on state systems. This approach differs from many states and could set precedent for other states considering similar measures.

Potential points of contention

  • Federalism concerns: Immigration law is primarily federal jurisdiction; state-level criminal penalties may create conflicts with federal law and international treaty obligations
  • Implementation and resources: State and local law enforcement would bear costs of enforcement; unclear how this integrates with federal immigration agencies
  • Disparate impact: Critics may argue increased penalties disproportionately affect vulnerable populations and could incentivize racial profiling; supporters argue it closes perceived enforcement gaps
  • Constitutionality questions: Legal challenges likely regarding whether states can criminalize immigration status itself versus conduct

Compiled from official sources — confirm details with the bill’s official record.

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