Texas House Bill HB57

Texas 2011 - 82nd 1st C.S.

Caption

Relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense.

Impact

If enacted, HB57 would significantly alter the state's approach to immigration enforcement by allowing state law to directly address unauthorized entry and presence in the state. This aligns state law with certain federal immigration statutes, potentially leading to increased state-level enforcement of immigration laws. Critics argue that this could lead to racial profiling and unjust treatment of individuals who are legally in the U.S. but may appear foreign. Proponents, on the other hand, see it as a necessary measure to protect property rights and enhance security in Texas communities.

Summary

House Bill 57 proposes the creation of the offense of criminal trespass specifically targeting illegal aliens in Texas. The bill defines an offense for individuals who are not U.S. citizens and who enter or remain on public or private property in violation of certain federal laws relating to immigration. This offense is classified as a Class B misdemeanor. The bill further stipulates that peace officers may arrest individuals suspected of this offense under certain conditions, including obtaining confirmation from the U.S. Immigration and Customs Enforcement (ICE) that the individual is present in the country illegally.

Sentiment

The sentiment towards HB57 appears to be mixed, with strong support from those who prioritize border security and feel that illegal trespass represents a serious threat to safety and property rights. Conversely, civil rights advocates and some community leaders have voiced concerns over the bill, describing it as potentially harmful and discriminatory. The debate reflects broader concerns about immigration policy, law enforcement practices, and human rights considerations.

Contention

Noteworthy points of contention surrounding HB57 include the potential for increased tensions between local communities and law enforcement, as individuals may fear reporting crimes or cooperating with police due to concerns over immigration status. Additionally, there is concern about the resources and methodologies employed by enforcement agencies, and whether this leads to the effective handling of those who violate property laws versus indiscriminate actions against individuals based on appearance alone. The bill's alignment with federal laws brings up questions of jurisdiction and the appropriate limits of state authority.