Relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person.
Impact
If enacted, HB183 would change state protocols related to law enforcement and immigration enforcement. Agencies would be required to establish procedures for checking immigration status and notifying federal authorities, specifically the United States Immigration and Customs Enforcement (ICE), if it is confirmed that the individual is in the country unlawfully. This requirement places additional obligations on local law enforcement, potentially straining resources and diverting focus from local law enforcement priorities.
Summary
House Bill 183 introduces a new requirement for law enforcement agencies in Texas regarding the immigration status of individuals who are arrested. Under this bill, law enforcement must request information about the immigration status of a person in custody within 48 hours of their arrest, prior to their release on bond. This provision is intended to ensure that appropriate action can be taken when an individual is unlawfully present in the United States.
Contention
There are notable points of contention surrounding HB183. Proponents argue that the bill is necessary for enhancing public safety and ensuring that individuals who are not legally present in the country are identified and addressed appropriately. However, opponents caution that such measures may lead to racial profiling and undermine trust between immigrant communities and law enforcement. Critics also raise concerns that mandating law enforcement to act on immigration status can create a chilling effect, discouraging individuals from reporting crimes or seeking help from police due to fear of deportation.
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 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 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.