Spiller works on border bill for fourth session

Rep. David Spiller, R-Jacksboro, said he was meeting this week with Gov. Greg Abbott and Texas senators to work out compromises on his House Bill 4, which creates a criminal offense for illegal entry into Texas from a foreign nation and authorizes all licensed peace officers, including school resource officers, to remove illegal immigrants.

The controversial measure authorizes state police to arrest illegal immigrants and return them to a port of entry and order them to return to Mexico, and sets a misdemeanor sentence of up to 180 days in jail for a first-time offender and a felony sentence of up to two years in prison for repeat offenders.

“The Senate changed it significantly. They took out the return language,” Rep. Spiller said. The Senate was slated to bring the bill to the floor for debate and a vote last Friday, but gaveled in and out of session without taking action, he said.

“In the meantime, I am meeting with senators shortly,” Mr. Spiller said in an interview on Monday afternoon. “The impression I get is maybe we can get something done next session. I have had meetings with the Governor’s office trying to get something [going].”

Mr. Spiller disagreed with critics who said the bill will likely face a constitutional challenge, as the U.S. Supreme Court ruled in 2012 that immigration enforcement and border protection are the purview of the federal government.

“We looked at the Arizona vs. U.S. case from 2010 and it is completely different from what I am trying to do with House Bill 4,” he said. “This bill does not conflict with federal law. It is not preemptive to federal law … and we have every right to protect and secure our border.”

The fourth special session could come as early as Tuesday night or Wednesday, he said.