The Texas Legislature has moved one step closer to passing a controversial immigration-enforcement bill that would create a new state offense for unauthorized entry into Texas. The Texas Senate gave final approval to Senate Bill 4 late last Thursday night just days after the state's current special legislative session began. The state criminalization of unauthorized border crossings is controversial because the federal government is generally understood to have sole constitutional authority over immigration enforcement.

Senate Bill 4 creates a state crime for unauthorized entry into Texas from a foreign country, a class B misdemeanor on first offense. The charge would increase to a state felony for a subsequent offense. It also permits a judge or county magistrate to order the migrant returned to a port of entry, but only after all identifying information is obtained and cross-referenced with state and federal databases. Immigration experts say the proposal would provoke constitutional challenges, as federal courts have repeatedly ruled that immigration law enforcement falls under federal jurisdiction.

What do you think? Based on your own research, do you support or oppose Senate Bill 4? Do you believe that it should be a state crime or federal crime for unlawful entry into Texas? What do you think about the constitutionality of Senate Bill 4? Provide specifics for your conclusions.