DA tests new tactic to deter human smuggling
The District Attorney is consideringl prosecuting people smuggled into the United States illegally under Texas’ organized crime law in an effort to stem the tide of illegal immigrants coming into the state from Mexico, Assistant District Attorney Phillip Gregory said.
The 90th Judicial District plans to use Texas Penal Code Chapter 71 to charge not only human smugglers but the people who pay them to cross the border illegally, Mr. Gregory said.
The law states applies to “three or more persons who collaborate in carrying out criminal activities” and “engage in conduct that would constitute the offense” – in this case, human smuggling - for profit.
Illegal immigrants convicted of felonies are barred from naturalization under federal law, Mr. Gregory said. “If they try to naturalize with this on their records, they can’t,” he said. “Also, re-entry [into the United States after being deported] is a federal felony.”
The District Attorney will test the theory on a recent smuggling case involving nine people who were arrested about three weeks ago near Olney, he said.“Their criminal enterprise is to enter the country illegally and remaining hidden,” he said. “I refuse to see them as victims and will try to indict them all.”
The Texas Legislature passed bills to create a unit of state law enforcement officers tasked with arresting migrants crossing the border illegally and returning them to Mexico, and increasing sentences for smugglers but those measures died during the regular session.
Gov. Greg Abbott has asked lawmakers to act on border security during the current special session. Border interdiction falls under federal authority, and since October, federal agents have reported 1.6 million encounters along the southern U.S. border, according to the U.S. Customs and Border Protection.
A rising number of smugglers and illegal immigrants have been apprehended by local law enforcement on State Highway 114, heading east from New Mexico and West Texas into the Metroplex.