Texas House Bill HB359

Texas 2013 - 83rd Regular

Caption

Relating to the verification of the immigration status of an arrested person.

Impact

The implementation of HB 359 would directly affect the Code of Criminal Procedure in Texas, specifically enhancing law enforcement's responsibilities regarding immigration status verification. By enforcing a protocol that requires municipalities to conduct these checks within a stringent time frame, the bill seeks to tighten the state's procedures related to immigration enforcement at the local level. This could lead to a more systematic approach to dealing with individuals who are not legally present in the country during the criminal justice process.

Summary

House Bill 359 addresses the verification of the immigration status of individuals who have been arrested in Texas. Under this legislation, law enforcement agencies are mandated to verify the immigration status of a person within 48 hours of their arrest and prior to their release on bail. The bill stipulates that this verification can be accomplished either through the federal Secure Communities program or by direct inquiry to federal immigration officers. If it is determined that the person is unlawfully present in the U.S., the appropriate federal agencies must be notified.

Sentiment

Sentiment surrounding HB 359 is likely to be polarized. Proponents of the bill may view it as a necessary measure to ensure that law enforcement agencies are diligent in their duties to verify the immigration status of arrested individuals, supporting national security and legal adherence. Conversely, opponents could argue that this legislation may lead to racial profiling and discrimination in law enforcement practices, creating fear and mistrust within immigrant communities and potentially undermining community safety.

Contention

Notable points of contention include concerns about the potential for increased racial profiling and the strain this burden may place on local law enforcement resources. Critics of the bill fear that the focus on immigration verification during an arrest could detract from the primary purpose of law enforcement, which is to promote public safety. Overall, HB 359 reflects deeper national debates concerning immigration policy and local versus federal enforcement of immigration laws.