Texas § PE.51.02 - ILLEGAL ENTRY FROM FOREIGN NATION
Full text of Texas The Texas Constitution § PE.51.02 — ILLEGAL ENTRY FROM FOREIGN NATION, with citation guidance and answers to common questions.
§ PE.51.02. ILLEGAL ENTRY FROM FOREIGN NATION
ILLEGAL ENTRY FROM FOREIGN NATION. (a) A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry. (b) An offense under this section is a Class B misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section. (c) It is an affirmative defense to prosecution under this section that: (1) the federal government has granted the defendant: (A) lawful presence in the United States; or (B) asylum under 8 U.S.C. Section 1158; (2) the defendant's conduct does not constitute a violation of 8 U.S.C. Section 1325(a); or (3) the defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021. (d) The following federal programs do not provide an affirmative defense for purposes of Subsection (c)(1): (1) the Deferred Action for Parents of Americans and Lawful Permanent Residents program; and (2) any program not enacted by the United States Congress that is a successor to or materially similar to the program described by Subsection (c)(3) or Subdivision (1). Added by Acts 2023, 88th Leg., 4th C.S., Ch. 2 (S.B. 4 ), Sec. 2, eff. March 5, 2024.
Frequently Asked Questions About Texas § PE.51.02
What does The Texas Constitution § PE.51.02 cover?
Section PE.51.02 ("ILLEGAL ENTRY FROM FOREIGN NATION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.51.02?
A common citation format is "The Texas Constitution § PE.51.02" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.51.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.