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.

Previously Filed As

TX HB138

Relating to the enforcement within this state of certain federal laws regarding immigration.

TX HB1881

Relating to agreements between counties and United States Immigration and Customs Enforcement to enforce federal immigration law.

TX SB307

Relating to the enforcement within this state of certain federal laws for federally declared public health emergencies.

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 HB3960

Relating to contracts or agreements entered into by governmental entities involving the enforcement of immigration law or common or contract carriers.

TX SB1422

Relating to enforcement of criminal offenses by state agencies, law enforcement agencies, political subdivisions, or local entities.

TX SB1753

Relating to the prohibition of certain public health mandates by governmental entities and businesses in this state.

TX HB2127

Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation.

TX HB537

Relating to public access to the audit records of certain governmental entities.

TX HB5208

Relating to the establishment of the Texas Commission on Immigration and Migration and a migrant worker visa pilot project.

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