State and Federal Law

CHAPTER 51. ILLEGAL ENTRY INTO THIS STATE


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The provided text details Texas Penal Code Chapter 51, which establishes state-level criminal penalties for unauthorized entry from a foreign nation. Under this statute, individuals classified as aliens commit a crime by bypassing official ports of entry or returning to the state after a prior deportation or exclusion. The law categorizes these violations as misdemeanors or felonies, with the severity of the charge increasing based on the defendant's criminal history or prior removals. While the code offers affirmative defenses for those with lawful federal status or asylum, it explicitly excludes certain deferred action programs from these protections. Additionally, the legislation criminalizes the refusal to comply with a judicial order to return to a foreign country, classifying such defiance as a second-degree felony. Together, these provisions grant the state specific authority to prosecute and mandate the removal of individuals who violate these border regulations.

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State and Federal LawBy Ethical Badge