Immigration advocates concerned about ‘vague language’ in bill enhancing human smuggling penalties

HOUSTON, Texas (KTRK) — People who frequently interact with members of the undocumented community worry they could be unfairly targeted under a new bill making its way through the Texas special session. SB4 would enhance penalties from two to 10 years for human smuggling and the operation of a stash house.

Advocates are concerned that the language in the bill is not specific enough. Could a home with 10 undocumented family members get classified as a stash house? What if someone giving a ride to a stranger gets accused of smuggling a migrant into the country?

Lawmakers said SB4 would only go after the worst of criminals, but not everyone is convinced.

Damaris Gonzalez dreams of a day when her loved ones will no longer have to live in fear. She is a DACA recipient, and a few of her family members are still undocumented. After living here for decades, she said they still don’t have a clear pathway to citizenship.

“It’s been really like an emotional rollercoaster. My parents migrated to give my sisters and me a better future. We came to work and live in this country,” Gonzalez said. “We call Texas home, and we have contributed not only to society but economically.”

She feels that SB4 is the latest piece of legislation that keeps them worried about the future.

“There’s a fear in the community of families being separated, people being stopped and harassed by law enforcement, and communities of color being targeted,” she said.

Sen. Paul Bettencourt (R-Houston) is one of the bill’s co-authors. He told ABC13 that the proposed law intends to create harsher penalties for the most severe human smuggling cases.

“What we’ve got is a strong anti-smuggling bill because we’ve got to crack down on the bad actors. We’re trying to make it clear that we’re after organized crime: the cartels, the coyotes, the smugglers, the people that are smuggling drugs,” Bettencourt said.

But human rights organizations raised concerns about language they believe is vague, involving what exactly is defined as human smuggling. They worry someone could be charged for simply giving someone a ride or taking a family member to the doctor.

Staff with the ACLU of Texas said they’re also concerned SB4 could put Texans at a greater risk of being racially profiled by local police, fuel mass incarceration, and subject communities of color to harassment.

“Most of us in this country have some kind of connection with an undocumented person, whether they are in our family, they work with us, or they take care of our children. This bill targets individuals who provide any kind of assistance or transportation in terms that are not clear and difficult to follow,” David Donatti, senior staff attorney for the ACLU of Texas, said.

Immigration attorney Claudia Martinez believes the proposed legislation could burden well-intentioned civilians with the task of proving that they did not have the intention of breaking the law.

“That is very costly and time-consuming for someone who is not in the business of smuggling someone into the country,” Martinez said.

Experts believe the bill still sends a message to the Republican base that Texas is cracking down on immigration, even if SB4 doesn’t pass.

But if it does, Martinez expects to see it challenged, possibly all the way up to the Supreme Court.

“I do believe that Texas is trying to make a point in protecting its border. I think that they’re trying to maybe start a political fight, knowing full well that maybe the bill is vague. I believe some litigation will, in this political climate, ensure that adequate boundaries and powers are given to the state,” Martinez said.

SB4 passed the Senate one week ago and now waits in a House committee. There are only about 20 days left in the Texas special session, leaving a tight window for the bill to make it all the way through.