Texas Codes
Tex. Penal Code § 51.04 (2026)
Refusal To Comply With Order To Return To Foreign Nation
✓ current as of May 2026
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Sec. 51.04. REFUSAL TO COMPLY WITH ORDER TO RETURN TO FOREIGN NATION. (a) A person who is an alien commits an offense if:
(1) the person has been charged with or convicted of an offense under this chapter;
(2) a magistrate or judge, as applicable, has issued an order under Article 5B.002, Code of Criminal Procedure, for the person to return to the foreign nation from which the person entered or attempted to enter; and
(3) the person refuses to comply with the order.
(b) An offense under this section is a felony of the second degree.
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).
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “at 14 (first citing Tex. Penal Code §51.04(a); and then citing 8 U.”
United States v. State of Texas (5th Cir. 2026). “47 It did so even though the state law not only mirrored but cited federal law.”
United States v. State of Texas (5th Cir. 2025). “22 Tex. Penal Code § 51.04. 23 Id. § 12.33. 24 S.”
United States v. State of Texas (5th Cir. 2025). “22 Tex. Penal Code § 51.04. 23 Id. § 12.33. 24 S.”
United States v. Texas (2024). “Tex. Penal Code Ann. §§51.04 , 12.21. Strikingly, state judges must explicitly disregard any parallel federal immigration proceedings.”
— Tex. Penal Code § 51.04(a) — 1 case
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “at 14 (first citing Tex. Penal Code §51.04(a); and then citing 8 U.”
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