Texas House Bill HB4485

Texas 2009 - 81st Regular

Caption

Relating to the identification of certain defendants as foreign nationals who were not lawfully admitted to the United States or whose lawful status has expired and to their release on bail.

Impact

The passage of HB4485 could significantly alter how immigration status is handled within the context of bail hearings in Texas. The bill establishes a rebuttable presumption in favor of denying bail for defendants identified as foreign nationals with uncertain lawful status. This implies that such defendants may face an increased likelihood of detention pending trial, which raises concerns regarding the impact on their rights and due process within the judicial system.

Summary

House Bill 4485 introduces specific amendments to the Texas Code of Criminal Procedure concerning the identification of defendants as foreign nationals who are not lawfully admitted to the United States, or whose lawful status has expired. The bill mandates that upon the arrival of certain defendants—specifically those charged with felony or intoxication offenses—sheriffs or correctional facility officers must attempt to ascertain the defendant's immigration status. If they suspect the defendant to be a foreign national and cannot determine their status through available documentation, they are required to notify the appropriate federal authorities within a specified time frame.

Contention

Controversy surrounding HB4485 primarily stems from fears that this legislation may lead to racial profiling or discrimination against certain groups of individuals. Opponents of the bill argue that the requirement for sheriffs and officers to conduct immigration status checks can create a chilling effect, deterring individuals from engaging with law enforcement for fear of identification and possible deportation. Furthermore, it raises significant questions about the balance between public safety and civil liberties, especially in communities with high immigrant populations.