Louisiana House Bill HB525

Louisiana 2017 Regular Session

• Introduced: 3/31/17
• Refer: 3/31/17
• Refer: 4/10/17
• Report Pass: 4/18/17
• Engrossed: 4/27/17
• Refer: 5/1/17

Caption

Provides for liability for violation of certain federal detainer orders under certain circumstances

Impact

The introduction of HB 525 is poised to significantly alter the landscape of state laws related to law enforcement accountability and immigration detainer orders. By establishing a cause of action for damages against law enforcement agencies that violate federal detainer orders, this bill seeks to enhance compliance with immigration enforcement policies. It emphasizes the need for coordinated efforts between various levels of government in the apprehension of individuals who may pose a threat to public safety, thereby aligning state law more closely with federal immigration enforcement priorities.

Summary

House Bill 525 addresses the legal responsibilities of state and local law enforcement agencies concerning the enforcement of Department of Homeland Security Form I-247 immigration detainer orders. The bill proposes that if a law enforcement agency intentionally releases a person from custody in violation of such a detainer order, and that person subsequently causes harm or death to another individual, the law enforcement agency shall be held liable for any damages incurred. This legislation underscores the imperative duty of law enforcement to protect the health, safety, and welfare of the public.

Sentiment

The sentiment surrounding HB 525 appears to be mixed, with proponents advocating for stronger law enforcement accountability and public safety measures, while critics may view it as an overreach that could foster distrust between immigrant communities and law enforcement agencies. The bill has garnered support from those who believe it will ensure better protection for citizens from potentially dangerous individuals released due to law enforcement negligence. However, opponents are likely to raise concerns about the potential impact on community relations and the risk of racial profiling.

Contention

Notable points of contention surrounding HB 525 include concerns over the implications for civil rights and the potential effects on local policing strategies. Some legislators may argue that imposing liability on law enforcement could deter agencies from engaging in community policing initiatives or cooperating with immigration enforcement. Additionally, there may be debates around the bill's impact on individuals who are detained, their risk of being unjustly targeted or released, and the overall effects on the immigrant population's interactions with law enforcement.