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Bill

HB 1017

Relating to creation of the criminal offense of improper entry from foreign nation.

89th Legislature (2025) Introduced by Steve Toth

Texas bill creates state criminal offense for unauthorized border entry, potentially conflicting with federal immigration authority and expanding state enforcement capacity.

Referred to State Affairs
#aliens(i0032) #crimes--miscellaneous(i0200)
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Bill Summary · HB 1017

Legislative bill overview

HB 1017 would create a new criminal offense in Texas law specifically targeting improper entry from a foreign nation. The bill establishes state-level criminal penalties for individuals who enter Texas from another country without going through proper legal ports of entry or authorization procedures. This represents Texas attempting to independently criminalize conduct related to illegal border crossing, an area traditionally regulated by federal immigration law.

Why is this important

This bill touches on the contentious intersection of state versus federal authority over immigration enforcement. Texas currently relies on federal immigration laws and enforcement, but this proposal would allow the state to independently prosecute individuals for unauthorized border entry, potentially creating parallel state criminal systems. The outcome could significantly affect how immigration enforcement is handled within Texas and may set precedent for other states.

Potential points of contention

  • Federal preemption concerns: Immigration law is primarily federal jurisdiction; courts may strike down state criminal penalties as unconstitutional overreach into federal regulatory authority
  • Definition ambiguity: The bill's language about "improper entry from foreign nation" may be vague—does it apply to all undocumented immigrants or specific circumstances, and how does it interact with existing federal categories?
  • Enforcement practicality: Creating state criminal infrastructure for immigration offenses duplicates existing federal resources and raises questions about resource allocation and coordination with federal authorities

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

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