Texas 2025 - 89th Regular

Texas House Bill HB3856

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to immigration documentation or other information to verify citizenship or immigration status and to notification to the federal government of an arrested or detained person who is unlawfully present in the United States; creating a criminal offense.

Impact

If enacted, HB3856 will modify existing laws in Texas regarding the responsibilities of both law enforcement and individuals concerning immigration status verification. Specifically, law enforcement will be tasked with a proactive role in notifying federal agencies post-arrest, which may lead to an increase in interactions between local law enforcement and federal immigration authorities. Additionally, the requirement for non-citizens to carry documentation could potentially lead to legal repercussions for those failing to comply.

Summary

House Bill 3856 addresses issues surrounding immigration documentation, specifically mandating that individuals not considered citizens or nationals of the United States must carry documentation proving their lawful presence. The legislation aims to streamline police procedures by requiring officers to notify federal immigration agencies if they determine a person is unlawfully present in the U.S. upon arrest or detention. This stipulation seeks to create a pathway for the federal government to be informed promptly about individuals in the state who may be violating immigration laws.

Contention

The bill may generate significant debate concerning its implications for civil liberties and community relations, particularly among immigrant populations. Opponents argue that such a measure may foster fear within communities, discourage individuals from reporting crimes or cooperating with law enforcement, and potentially lead to discriminatory practices against those perceived as undocumented. Conversely, supporters may argue that the bill enhances public safety by ensuring that those unlawfully present are identified and reported to federal authorities.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section

Government Code

  • Chapter 752. Immigration
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX SB2424

Relating to illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States; creating criminal offenses.

TX HB2123

Relating to verifying the citizenship of an applicant for voter registration; creating a criminal offense.

TX SB81

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.

TX HB2519

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.

TX HB1454

Relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.

TX SB106

Relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.

TX HB40

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.

TX SB1620

Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of unlawfully entering the United States, unlawfully bypassing certain law enforcement checkpoints, or evading an arrest or detention; increasing criminal penalties.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

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