Human smuggling vote in focus for Dallas State Senate race

The highest profile Democratic primary race in state government is in North Texas, where a Texas House member is aiming to unseat an incumbent in the upper chamber. Senator Nathan Johnson, D - Dallas, argues his votes are being misrepresented and taken out of context. The challenger, Rep. Victoria Neave Criado, D - Dallas, argues the senator has not put up enough of a fight in the Republican-dominated state senate.

The two are campaigning over Senate District 16, a recently redrawn district including Irving, Richardson, and Mesquite.

Lone Star Politics interviewed both the candidates. A key issue in the early half of the short primary election season is a vote Johnson took in the third legislative session, which split the Democratic caucus in the upper chamber ten to two.

“While I was leading the charge in the House fighting back against Gov. Abbott’s racial profiling bill, Nathan Johnson, voted for one of Gov. Abbott’s bills,” said Neave Criado.

“I think that what’s been said by my opponent and others has just been an irresponsible misrepresentation about what actually is going on,” said Johnson.

Senate Bill 4 in the third legislative session increased the penalty for someone convicted of human smuggling, creating a 10-year minimum term in prison. The punishment can be enhanced if the convicted smuggled someone in violation of federal immigration laws. SB 4 increases the punishment for operating a stash house to five years minimum in prison according to a state bill analysis. The penalties go up if those crimes are committed during a disaster declaration.

The original law was passed more than 20 years ago, SB 4 increased the punishment. Abbott put the idea on the third special session call as a border security item. The governor’s proclamation called for a law to stop illegal immigration into the state by “increasing the penalties for criminal conduct involving the smuggling of persons or the operation of a stash house.”

In the Senate, SB 4 passed 29 to 2 with Senators Sarah Eckhardt (D-Austin) and Roland Gutierrez (D-San Antonio), voting against it. Gutierrez is one of many candidates running in the Democratic primary to take on Republican U.S. Sen. Ted Cruz.

All Republicans voted for the bill along with many Democratic Senators: Carol Alvarado (D-Houston), Cesar Blanco (D-El Paso), “Chuy” Hinojosa (D-McAllen), Morgan LaMantia (D-Palm Valley), Borris Miles (D-Houston), Jose Menendez (D-San Antonio), Royce West (D-Dallas), John Whitmire (D-Houston), Judith Zaffirini (D-Laredo), and Nathan Johnson (D-Dallas).

When asked if Neave Criado had the same criticism for the other Democratic senators who supported the bill she said, “My criticism is of Nathan Johnson. Our House colleagues, we stood up to right against that bill and others.”

“We should be fighting when people of color are going to be disproportionately impacted,” said Neave Criado.

When asked why Johnson voted how he did while two Democrat senators voted against the bill, he told Lone Star Politics he voted with the Senate Hispanic Caucus.

“I respect my colleagues on all their votes and we don’t always agree on all things. A lot of this comes down to tactics,” said Johnson, “If it were a racial profiling bill, I want to know why my opponent hasn’t said a word about it for the eight years she’s been in office.”

In the Texas House, where Neave Criado serves as a committee chair of county affairs, the bill passed 92 to 54 with the Speaker of the House present but not voting. Neave Criado voted against it with the vast majority of Democrats.

This Senate Bill 4 is different than the SB 4 which passed in the fourth special session, which allows local and state police to arrest people they believe crossed into Texas illegally. That SB 4 is caught up in a lawsuit with the federal government.

Neave Criado in her campaign criticizes other votes from Johnson including a procedural vote on a bill raising the age to 21 to purchase an assault rifle and another about transgender student-athletes playing sports.

Johnson argues again she’s taking procedural votes out of context saying, “I think this is politics.”

The scrap over Senate Bill 4 showcases a key difference between the candidates. Neave Criado argues the district needs a more aggressive senator to obstruct the Republican-controlled Senate.

“If you’re standing up for our community it’s one thing and if you’re not then it’s time to go,” said Neave Criado.

Johnson argues in the 31-member chamber, where Democrats are largely sidelined, you have to pick and choose your battles tactically to deliver for the district.

“It’s not a scorecard. It’s strategy. It’s figuring out where you can get things done,” said Johnson.