Texas Senate Bill SB527

Texas 2013 - 83rd Regular

Caption

Relating to the detention by local law enforcement agencies of certain persons subject to federal immigration detainers.

Impact

The implementation of SB527 would fundamentally alter how local law enforcement handles individuals subject to immigration detainers. By limiting the authority of local agencies to detain individuals based solely on immigration detainers post-release or post-bail, the bill would emphasize the independence of local law enforcement from federal immigration policies. This could lead to a decrease in the number of individuals held under such detainers, and it aims to protect individuals who may be victims or witnesses to crimes from being subjected to federal immigration enforcement actions while their cases are under investigation or prosecution.

Summary

SB527 is an act that amends the Code of Criminal Procedure in Texas, specifically targeting the detention of individuals by local law enforcement agencies in relation to federal immigration detainers issued by United States Immigration and Customs Enforcement (ICE). The bill stipulates that local law enforcement cannot detain individuals subject to an immigration detainer after they have posted bail or completed their sentence for a criminal offense, with exceptions noted for serious offenses under specified conditions. This legislative move is framed within the broader context of immigration law and the relationship between state and federal enforcement mechanisms.

Sentiment

The sentiment surrounding SB527 appears to be mixed. Proponents of the bill argue that it protects the rights of individuals by preventing unnecessary detention based on immigration status alone. They view it as a step towards fostering trust between local communities and law enforcement, particularly among immigrant communities who may fear engaging with police. Conversely, opponents may argue that the bill undermines federal immigration enforcement and could shield individuals who are serious offenders from being detained on immigration grounds, potentially posing risks to community safety.

Contention

Key points of contention regarding SB527 revolve around the balance of state versus federal authority and the implications for community safety and legal procedure. Supporters may contend that the bill clarifies the legal standing of local law enforcement in relation to federal detainers, while critics could argue that it creates a safe harbor for those accused of serious crimes. The discussions encompass broader themes relating to immigration policy and local governance, highlighting the ongoing debates about the role of local and state entities in the enforcement of federal laws.