Relating to the duty of a law enforcement agency to verify the immigration status of an arrested person.
Impact
The bill's enactment will align state law with federal immigration enforcement protocols, thereby putting increased responsibility on local law enforcement agencies. This change is intended to ensure that individuals who are unlawfully present are reported to ICE, potentially leading to increased deportations. Proponents argue that this will deter illegal immigration and support public safety by ensuring that law enforcement is aware of the immigration status of those they arrest, while critics express concerns about potential racial profiling and the strain it could place on community relations.
Summary
House Bill 1382 mandates that law enforcement agencies in Texas verify the immigration status of individuals arrested within 48 hours. The verification must be performed by authorized peace officers or federal enforcement officials, and if the individual is found to be unlawfully present in the country, the agency is required to notify the United States Immigration and Customs Enforcement (ICE). This bill aims to enhance the enforcement of immigration laws at the state level and to ensure that individuals in custody are legally present in the United States.
Sentiment
The sentiment surrounding HB 1382 is divided. Supporters, including various law enforcement groups and conservative legislators, express strong approval for the bill, viewing it as a necessary measure for maintaining law and order and enforcing immigration laws. In contrast, opponents, which include immigrant advocacy groups and some civil rights organizations, are critical of the bill as being discriminatory and potentially harmful to community trust in law enforcement.
Contention
Notable points of contention include the tension between enforced immigration verification and community safety, with critics arguing that the bill may lead to chilling effects on crime reporting among immigrant communities. There are also concerns that the bill could contribute to a broader climate of fear among undocumented individuals, undermining their willingness to cooperate with law enforcement. Ultimately, the passage of HB 1382 is seen as a step towards stricter immigration enforcement at the state level and could spark additional legislative measures related to immigration.
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.
Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
Relating to the powers and duties of the Texas Commission on Law Enforcement and law enforcement agencies regarding law enforcement officers and the use of body worn cameras; authorizing fees.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.