New felony trespass charge would be established under GOP priority bill that also...
of Texas’ authority to enforce immigration laws, a role the Supreme Court has generally reserved for the federal government.
While the penalty wouldn’t automatically bar migrants caught crossing the border from seeking asylum, experts said, it would complicate their path to legal status under a system that grants immigration judges vast discretion. Under federal immigration law, migrants are barred from asylum if they’ve been convicted of a “particularly serious crime,” includingto designate other types of crimes — including state laws — as"aggravated" felonies.
Even under the Biden administration, immigration judges can decide on a case-by-case basis that any felony conviction qualifies as a “particularly serious crime.” The HB 20 trespass felony would merely provide more “ammunition,” said Muzaffar Chishti, senior fellow at the nonpartisan Migration Policy Institute.
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