Criminal Prosecutions and Weaponization of the Legal System

Texas State Immigration Enforcement before January 20, 2025

  • TX Prosecutes migrants for “criminal trespass” although arrests lack probable cause.
  • TX Prosecutes mostly US citizens for “smuggling.”
  • Enhancements to mandatory minimums for “smuggling” with the passage of SB 4: Driver Prosecution Law during the 2023 3rd special legislative session.
  • TX Attorney General Prosecutes nonprofits serving immigrant community members alleging violations of C3 status or aiding smuggling.
  • Rogue District Attorney (DA) Bill-HB 17 was passed in 2023. Now, “progressive” DAs can face prosecution if they do not prosecute certain crimes.
  • TX Attorney General Ken Paxton proposed a new rule that would require DAs and County Attorneys presiding over a county with populations of more than 250,000 to follow additional reporting to oversee cases prosecuted. This would take away DA’s prosecutorial discretion. The rule was published March 19, 2025.