Penal Code § 51.02

Sec. 51.02. 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.