Relating to the duties of a law enforcement agency regarding the immigration status of an arrested person and to the agency's enforcement of immigration detainers and of laws relating to immigration.
Impact
The implementation of HB2280 is likely to alter existing protocols within law enforcement regarding immigration enforcement. Agencies will be legally obligated to check immigration status more rigorously, affecting both the procedural operations of local police departments and the treatment of individuals in the criminal justice system. As a result, this bill may lead to an increase in the detainment of individuals based on their immigration status, impacting community relations and public perceptions of law enforcement.
Summary
House Bill 2280 addresses the responsibilities of law enforcement agencies concerning the immigration status of individuals who have been arrested. The bill mandates that, within 48 hours of an arrest, law enforcement must verify an individual's immigration status. This verification can be conducted through the federal Priority Enforcement Program or by consulting appropriate federal or state officials. The law intends to create a systematic process for handling immigration-related inquiries for individuals in custody, ensuring that such checks occur before releasing a person on bond.
Contention
However, the bill has generated considerable debate, particularly regarding concerns over racial profiling and discrimination. The legislation explicitly prohibits law enforcement from considering race, color, language, or national origin when enforcing immigration laws, but critics fear that these provisions may not be adequately enforced. Opponents argue that the bill could institutionalize discriminatory practices, leading to unjust detentions based on perceived immigration status, which disproportionately affects minority communities.
Relating to certain laws that regulate aspects of illegal immigration in this state, including laws pertaining to the DNA records of certain persons subject to an immigration detainer request, the recognition of certain out-of-state driver's licenses, inviting certain federal agencies to participate on the homeland security council, the reporting of certain uncompensated hospital care costs, and certain requirements for participation in the E-verify program; increasing a criminal penalty.
Relating to the powers and duties of the Texas Commission on Law Enforcement and law enforcement agencies regarding law enforcement officers and the use of body worn cameras; authorizing fees.
Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.