Texas moves to consolidate border authority

AUSTIN (Nexstar) -- The Texas Senate Committee on Border Security is set to hear a bill that would create a state crime for illegally crossing the federal border. It's the latest legislative effort to consolidate border enforcement authority at a time when Texas officials accuse the Biden Administration of ignoring the strain on border communities.

SB 2424 by State Sen. Brian Birdwell (R-Granbury) would create a Class A misdemeanor for noncitizens who attempt to cross the Texas-Mexico border illegally. Additional offenses would be charged as felonies.

"As a result of the federal government's unwillingness to enforce federal immigration laws and secure our southern border, the State of Texas has stepped up and devoted time and resources to combat the unprecedented border crisis that the state is facing," the bill's author analysis writes.

In a February interview, House Speaker Dade Phelan said he thinks the legislature "will have the opportunity to test those federal laws very soon." His chamber's HB 20 would create a Border Protection Unit under the Texas Department of Public Safety to enforce border security separate from federal Border Patrol agents.

If these bills become law, the federal government is expected to take swift legal action to assert its jurisdiction over the border.

"I expect there to be [legal challenges] full well. I expect it to be pretty immediate," Executive Director of the Texas Sheriffs' Regional Alliance AJ Louderback said. "The authority rests with the federal government and that's what they'll contend."

Former Border Patrol officials say that, while the Biden administration may balk at these laws, the federal agents on the ground appreciate Texas' efforts.

"We always need more manpower. And currently, what the state's doing to support border security is tremendous," Terrell County Sheriff and former Border Patrol agent Thaddeus Cleveland said. "There's just not enough Border Patrol agents and a lot of them are tied up doing things, watching over aliens that have been arrested. We need more support along the border. And I support that."

As of noon Thursday, the Senate Committee on Border Security adjourned for a session of the full Senate without hearing SB 2424. They are expected to reconvene to consider the bill this afternoon. This coverage is ongoing and will be updated throughout the day with the latest reporting.