Case Summaries

Each week, TDCAA staff members summarize the most important cases from Texas and federal criminal courts and provide insightful commentary on how those cases could impact the criminal justice system as well as a link to the opinions. Find a library of previous Weekly Case Summaries here.

Summaries

August 29, 2025

Texas Courts of Appeals

Gutierrez v. State

No. 13-24-00208-CR                   8/19/25

Issue:

Is former Penal Code §20.05(a)(1)(A) (Smuggling of Persons) pre-empted by federal immigration law and therefore, unconstitutional as applied to the defendant?

Holding:

No. On rehearing en banc, the Court withdrew its previous opinion by a three-judge panel, found §20.05 was pre-empted by federal law. The en banc Court held on rehearing that 8 U.S.C. §1324 does not pre-empt Texas’ smuggling of persons law because it “governs different criminal conduct prohibited by a different sovereign with its own punishment scheme in accord with its own priorities, and which does not make a distinction between citizens and illegal aliens on its face.” The Court concluded that “Texas has the right to enact and enforce §20.05(a)(1)(A)—a neutral criminal statute applicable to all who smuggle, and all who are smuggled, regardless of  nationality—to prevent criminal conduct that Texas determines should be prohibited and to punish such conduct in accordance with Texas’s priorities.” Read opinion.

Commentary:

When a defendant claims that a state statute is pre-empted by federal law, she can make two different types of claims: (1) field preemption—that Congress has legislated in the field to the exclusion of any other state statute in that field, and (2) conflict pre-emption—that compliance with the state statute is impossible or is an obstacle with respect to the federal law. In rejecting the defendant’s field pre-emption claim, the en banc court of appeals held that, just because Congress has made certain conduct related to illegal aliens federal crimes, that does not mean that a state is automatically pre-empted from enacting its own laws that also relate to that conduct. Perhaps more importantly, the court of appeals noted that the federal statute that allegedly pre-empted the Texas statute deals only with the smuggling of illegal aliens. The Texas statute criminalizes the smuggling of all persons. The en banc court of appeals found this to be significant in concluding that the Texas statute was not field pre-empted by the federal statute. In rejecting the defendant’s conflict pre-emption claim, the en banc court relied heavily upon the decision of the United States Supreme Court in Kansas v. Garcia. This is a very thorough decision, and it could very well hold up if reviewed by the Court of Criminal Appeals. Regardless, prosecutors should read this decision and others that raise the issue of federal pre-emption. This issue is not going away any time soon.

TDCAA is pleased to offer these unique case summaries from the U.S. Supreme Court, the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Supreme Court, the Texas Courts of Appeals and the Texas Attorney General. In addition to the basic summaries, each case will have a link to the full text opinion and will offer exclusive prosecutor commentary explaining how the case may impact you as a prosecutor. The case summaries are for the benefit of prosecutors, their staff members, and members of the law enforcement community. These summaries are NOT a source of legal advice for citizens. The commentaries expressed in these case summaries are not official statements by TDCAA and do not represent the opinions of TDCAA, its staff, or any member of the association. Please email comments, problems, or questions to Joe Hooker.