Proposing a constitutional amendment denying bail to certain persons who are unlawfully present in the United States and are taken into custody for committing a felony.
If approved, this amendment would significantly impact how bail is granted in Texas, particularly affecting non-citizens and undocumented individuals charged with felonies. It would place additional restrictions on bail eligibility for a specific demographic, thereby altering state practices in adhering to traditional bail standards. The legislation suggests a hardening of state policies regarding unlawful presence and felony charges, likely reflecting a broader national discourse on immigration reform.
HJR86 is a joint resolution proposing a constitutional amendment to deny bail to individuals unlawfully present in the United States who are charged with committing a felony. The proposed amendment aims to amend Article I of the Texas Constitution by adding Section 11d, which states that such individuals shall be denied release on bail pending trial if a judge or magistrate determines, after a hearing, that the individual is not a U.S. citizen or lawful resident. This resolution is correlated with ongoing discussions regarding immigration laws and state law enforcement.
As with many immigration-related measures, HJR86 may face contention within the legislature and among the public. Supporters might argue that denying bail is a necessary step to enhance public safety by preventing potential repeat offenders from being released. Conversely, opponents could express concerns about due process rights and the potential stigmatization of non-citizens. Furthermore, the implementation of such a measure raises questions about its fairness and effectiveness in addressing the underlying issues of crime and immigration.