Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 51. ILLEGAL ENTRY INTO THIS STATE
Texas Codes

Tex. Penal Code § 51.02 (2026)

Illegal Entry From Foreign Nation

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2024–2026 · leading case: United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024).
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United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). · cites it 14× “02, and provides: “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.” 7 That section also enumerates affirmative defenses, including: (1) the federal…”
United States v. State of Texas (5th Cir. 2026). · cites it 15× “24-50149 violations of Texas Penal Code §§ 51.02 and 51.03. If an alien charged with either of the two offenses agrees to an order to return, a judge may dis- miss the charge and enter an order “requir[ing] the person to return to the foreign nation from which the person entered…”
United States v. State of Texas (5th Cir. 2025). · cites it 13× “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
United States v. State of Texas (5th Cir. 2025). · cites it 13× “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
United States v. Texas (2024). “” Tex. Penal Code Ann. §51.02 (a) (West 2024).”
— Tex. Penal Code § 51.02(a) — 4 cases
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “02, and provides: “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.” 7 That section also enumerates affirmative defenses, including: (1) the federal…”
United States v. State of Texas (5th Cir. 2025). “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
United States v. State of Texas (5th Cir. 2025). “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
United States v. State of Texas (5th Cir. 2026). “24-50149 violations of Texas Penal Code §§ 51.02 and 51.03. If an alien charged with either of the two offenses agrees to an order to return, a judge may dis- miss the charge and enter an order “requir[ing] the person to return to the foreign nation from which the person entered…”
— Tex. Penal Code § 51.02(b) — 3 cases
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “02, and provides: “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.” 7 That section also enumerates affirmative defenses, including: (1) the federal…”
United States v. State of Texas (5th Cir. 2025). “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
United States v. State of Texas (5th Cir. 2025). “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
— Tex. Penal Code § 51.02(c) — 4 cases
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “02, and provides: “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.” 7 That section also enumerates affirmative defenses, including: (1) the federal…”
United States v. State of Texas (5th Cir. 2026). “24-50149 violations of Texas Penal Code §§ 51.02 and 51.03. If an alien charged with either of the two offenses agrees to an order to return, a judge may dis- miss the charge and enter an order “requir[ing] the person to return to the foreign nation from which the person entered…”
United States v. State of Texas (5th Cir. 2025). “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
United States v. State of Texas (5th Cir. 2025). “The crime of “Illegal Entry from Foreign Nation” is codified at Texas Penal Code § 51.02. The section provides: “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…”
— Tex. Penal Code § 51.02(c)(2) — 1 case
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “02, and provides: “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.” 7 That section also enumerates affirmative defenses, including: (1) the federal…”
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