Texas 2009 - 81st Regular

Texas Senate Bill SB358

Filed
12/12/08  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.

Impact

One significant impact of SB358 is the conditional tie it creates between local government compliance with immigration enforcement and funding eligibility. If a local entity adopts any policies that restrict the enforcement of state or federal immigration laws, it risks losing state grant funds in the subsequent fiscal year. This aspect of the bill has raised concerns regarding the potential for coercive financial pressure on local governments to conform to state directives regarding immigration enforcement.

Summary

SB358 is a legislative measure aimed at reinforcing the enforcement of both state and federal laws governing immigration by local governmental entities in Texas. The bill stipulates that municipalities, counties, and other local authorities cannot adopt policies that would impede the full enforcement of such laws. This includes stipulations around the sharing and maintaining of information related to individuals' immigration status, and mandates that local law enforcement cooperate with federal immigration officers during enforcement operations.

Conclusion

In summary, SB358 underscores the ongoing tensions in immigration policy at both state and local levels. It proposes to centralize immigration enforcement under state oversight while imposing significant fiscal consequences on local entities that choose to diverge from state mandates. This bill, depending on its passage, could create legacy implications for the dynamics of governance and social policy in Texas.

Contention

The bill has sparked considerable debate about the balance between state authority and local control. Proponents argue that SB358 is essential to ensuring that all jurisdictions actively participate in the enforcement of immigration laws, promoting a unified approach to immigration policy across Texas. Conversely, critics contend that such measures could undermine local government's ability to address unique community needs and priorities, particularly in areas involving public safety and the treatment of immigrants. This discourse highlights the complexities of governance where state and local policies intersect.

Companion Bills

TX HB404

Identical Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.

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