Fernanda Gonzalez
Members of Texas Civil Rights Project hear a student describing what Senate Bill 4 is during the “SB4 Updates Know Your Rights” event in the Music, Science and Learning Center on the Brownsville campus.
The Texas Civil Rights Project held a presentation on Texas Senate Bill 4 Tuesday to assist students in knowing their rights and updating on what the law is.
Humanitarian Outreach Coordinator Denisse Molina said students have the right to make a phone call if detained and can also exercise their fifth amendment right.
Molina explained individuals do not need to show an identification to law enforcement officers if they are passengers while driving in Texas.
“However, if you are a driver or passenger and you are not a U.S. citizen … if you show any foreign identification, that could potentially be a probable cause for an arrest for illegal entry or reentry,” she said.
Molina said there are two new laws under SB 4. The first one is an addition of an already existing law, increasing the penalty of human smuggling if the individual is convicted.
Texas Civil Rights Project Attorney Aron Thorn explained the SB 4 passed in the third 2023 Legislature special session amends Texas Penal Code 20.05 by raising the mandatory minimum prison sentence to 10 years.
“From Feb. 6, 2024, anybody who is convicted under parts of 20.05 will have to spend a mandatory minimum of 10 years in prison,” Thorn said.
According to Thorn, the SB 4 passed in the fourth Texas Legislature special session establishes a new state system of immigration regulations through the two new criminal offenses: illegal entry and reentry.
“Also a new power for judges and police of orders to return,” Thorn said. “Currently, this law is blocked. It is not in effect.”
He said one of the main concerns with SB 4 is the racial profiling element. He asked attendees what may be indicators officers use to question an individual’s citizenship, to which they replied speaking Spanish is one of the most common.
Thorn said officers mention elements such as clothing, smell, hairstyle and cleanliness as characteristics.
Molina said immigration is a specialized area and it requires officers to have expertise on the matter.
“You are having peace officers and magistrate officers making those decisions that they don’t have the training for,” she said. “That’s why it’s very concerning.”
To learn more, visit the Texas Civil Right Project website.
-Pete Mendoza contributed to this report.
