Prohibits sanctuary policies (OR SEE FISC NOTE GF EX)
Impact
If enacted, HB 135 would significantly impact state laws by mandating law enforcement agencies to adhere strictly to federal immigration enforcement priorities and to notify ICE regarding any individuals detained whose immigration status is uncertain. Moreover, it includes provisions that compel political subdivisions to certify their compliance with these requirements to qualify for state funds. This could lead to a direct correlation between compliance with federal immigration laws and the availability of state financial resources for local governments.
Summary
House Bill 135 seeks to prohibit state agencies and political subdivisions from developing or enforcing sanctuary policies that discourage cooperation with federal immigration enforcement, specifically with the U.S. Immigration and Customs Enforcement (ICE). The bill articulates a 'sanctuary policy' as any guideline or ordinance that hinders the ability of law enforcement to engage with ICE regarding the immigration status of individuals under detention. This proposed law places extensive responsibilities on law enforcement agencies, obligating them to communicate with ICE if an individual cannot show proof of lawful presence in the U.S.
Sentiment
The sentiment surrounding HB 135 appears to be divided along partisan lines. Proponents argue that the act enhances public safety by fostering a cooperative relationship between state and federal authorities in immigration enforcement. They believe that eliminating sanctuary policies will lead to better outcomes regarding the control of illegal immigration. Conversely, critics express concerns that this bill undermines civil rights and may foster distrust within immigrant communities, potentially discouraging individuals from reporting crimes or seeking assistance from law enforcement due to fear of deportation.
Contention
Notable points of contention regarding HB 135 include the impact on local governance and the ability of local authorities to address specific community needs. Opponents fear that the obligations imposed by the bill could prevent local officials from implementing policies that reflect their constituents' values and safety concerns. There are also warnings that the penalties for failing to comply with the bill could be detrimental, not only financially but also in terms of community relations, fostering an environment of fear rather than cooperation.
The prohibition of sanctuary city policies and to create the sanctuary compliance fund; to provide a penalty; and to provide a continuing appropriation.