Relating to the verification of the immigration status of an arrested person.
Impact
The implementation of HB 359 would directly affect the Code of Criminal Procedure in Texas, specifically enhancing law enforcement's responsibilities regarding immigration status verification. By enforcing a protocol that requires municipalities to conduct these checks within a stringent time frame, the bill seeks to tighten the state's procedures related to immigration enforcement at the local level. This could lead to a more systematic approach to dealing with individuals who are not legally present in the country during the criminal justice process.
Summary
House Bill 359 addresses the verification of the immigration status of individuals who have been arrested in Texas. Under this legislation, law enforcement agencies are mandated to verify the immigration status of a person within 48 hours of their arrest and prior to their release on bail. The bill stipulates that this verification can be accomplished either through the federal Secure Communities program or by direct inquiry to federal immigration officers. If it is determined that the person is unlawfully present in the U.S., the appropriate federal agencies must be notified.
Sentiment
Sentiment surrounding HB 359 is likely to be polarized. Proponents of the bill may view it as a necessary measure to ensure that law enforcement agencies are diligent in their duties to verify the immigration status of arrested individuals, supporting national security and legal adherence. Conversely, opponents could argue that this legislation may lead to racial profiling and discrimination in law enforcement practices, creating fear and mistrust within immigrant communities and potentially undermining community safety.
Contention
Notable points of contention include concerns about the potential for increased racial profiling and the strain this burden may place on local law enforcement resources. Critics of the bill fear that the focus on immigration verification during an arrest could detract from the primary purpose of law enforcement, which is to promote public safety. Overall, HB 359 reflects deeper national debates concerning immigration policy and local versus federal enforcement of immigration laws.
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 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.
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 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.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.