(NewsNation) — The Texas Legislature will vote Tuesday on House Bill 4, a major immigration-related bill that would grant federal authority to local law enforcement to act when migrants cross the Rio Grande River and enter the country unlawfully.

The bill has been approved by the House and will go to the Senate during the special session.

Some see the bill as addressing the border crisis, while others label it unconstitutional.

The bill grants Texas law enforcement, including school resource officers, the power to arrest those entering the Texas-Mexico border illegally, making it a state crime.

First-time offenders face a Class B misdemeanor with up to 180 days in jail, escalating to a felony — punishable by up to two years in prison — for repeat offenses. Amendments clarify that migrants must be convicted before facing deportation, deviating from allowing state police to order their return initially.

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“We’re entitled to create a state offense to mirror the federal one that says we agree you don’t get to come into our state if you come illegally,” said State House Rep. David Spiller, R-Jacksboro, HB4’s sponsor. “We’re a country full of immigrants. We get that. We’re not anti-immigration. We’re anti-illegal immigration.”

Civil rights groups argue this is an assault on Texas migrant and border communities. Concerns arise around potential mistaken arrests of U.S. citizens living on the border due to the bill, lacking immediate citizenship papers — a situation the American Civil Liberties Union (ACLU) Deems dangerous.

“We believe that there is a much better way, a much more efficient way to handle this, And the state is just taking a hammer to our communities,” said Robert Lopez, senior advocacy manager at the Texas Civil Rights Project. “Rather than truly understanding that this is a humanitarian emergency with complex solutions and answers, they’re responding by trying to put tens of thousands of people in prison, and this includes everyday Texans and U.S. citizens.”

HB4’s anticipated passage would send it to Texas Gov. Greg Abbott’s desk. If successful, many view this as a potential starting point. Similar bills are pending in other states, including Florida, Louisiana and North Carolina.