Biden Administration Must Immediately Challenge Texas State Law that Will Criminalize Children and Lead to Family Separations

FOR IMMEDIATE RELEASE 

Wednesday, November 15, 2023 

Media Contact: Erika Andiola | eandiola@theyoungcenter.org

Washington D.C.— Yesterday, the Texas Legislature passed a dangerous and harmful bill that will lead to family separations and criminalize immigrant children simply for seeking safety in the United States. The bill known as SB4 is likely to have devastating consequences for children, youth, and families in Texas, leading to widespread instances of racial profiling and family separations akin to those that occurred under the Trump Administration’s “Zero Tolerance” policy. Under SB4, and in violation of federal immigration law, immigrant children and youth from 10 to 17-years-olds who seek safety in the U.S could be criminally prosecuted for their manner of entry into Texas, arrested by state law enforcement officers, and sentenced to prison, with no option for probation or parole. All proposed amendments to prevent the criminalization of children and youth and separation of families were voted down yesterday. For children who are not arrested, their parents or other adult family members would likely be arrested and ordered deported while the child is detained in federal government custody or transferred to Texas’ problematic child welfare system, a system marred by a long history of unsafe conditions and abuse. 

Alexis Bay, Health Justice Legal Fellow at the Young Center for Immigrant Children’s Rights, said: 

“Children —and all people—have the right to seek protection anywhere along our border. That is not an opinion – that is fact under long-standing asylum law. SB4 is an outright violation of this right and paves a dangerous path for state law enforcement to target children and arrest and imprison them simply for migrating and entering Texas between ports of entry. At the same time, the federal government is turning back many children and families when they try to access ports of entry to ask for help, leaving many with no choice but to seek safety elsewhere along the border.  

Children shouldn’t have to live in a state of fear, constantly looking over their shoulders because they’re afraid of being targeted by law enforcement or that their parents or other family members may be arrested; they should be going to school, building memories with their friends, and worried about finishing their homework. All children have fundamental rights to safety, family, and protection; that simply cannot be up for negotiation. SB4 intentionally endangers children and will lead to family separations, and it is appalling that all proposed amendments aimed at preventing criminalizing children and separating families were all voted down last night. As Governor Abbott prepares to sign the bill into state law, we implore the Biden Administration with the greatest sense of urgency to immediately challenge the legal violations of children’s rights under SB4.”  

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The Young Center for Immigrant Children’s Rights is a non-profit organization that protects and advances the rights and best interests of immigrant children and advocates for an immigration system that treats children as children first. For press inquiries, please contact Erika Andiola at eandiola@theyoungcenter.org