Relating to the enforcement by certain governmental entities of state and federal laws governing immigration.
Impact
The most significant implication of HB1109 is its potential to reshape how local governments interact with federal immigration enforcement. Local entities found to be in violation of this law could face significant penalties, including the loss of state funding. Specifically, a local entity that adopts prohibitive policies regarding immigration enforcement could be denied state funds for the following fiscal year upon a formal determination by the attorney general. This structure is aimed at ensuring compliance among local governments and aligning their policies with federal standards.
Summary
House Bill 1109 addresses the enforcement of state and federal immigration laws by certain local entities within Texas. The bill explicitly prohibits local governments from enacting policies that would restrict the enforcement of these immigration laws. In essence, local entities—including municipalities, counties, and special districts—are mandated to cooperate with federal immigration authorities and cannot adopt any regulations that could be viewed as hindering the enforcement of immigration laws. This stipulation is set forth in a newly established Chapter 364 of the Local Government Code.
Contention
The bill has sparked notable discussion and critique among lawmakers and advocacy groups. Proponents argue that it fortifies public safety by enabling law enforcement to effectively address immigration issues and maintain cooperation with federal agencies. Conversely, opponents view it as an infringement on local control and a potential mechanism for racial discrimination, given that the burden of enforcement may disproportionately affect minority communities. The bill includes provisions to prohibit discrimination based on race, color, language, or national origin, but critics remain concerned about practical enforcement of this clause.
Enforcement_mechanisms
To bolster compliance, the bill allows citizens to file complaints with the attorney general against local entities that violate the policy, initiating an investigation into the circumstances surrounding the alleged non-compliance. Should investigations confirm violations, the attorney general is empowered to seek legal remedies, including the denial of state funding. Additionally, the statute mandates that complaints must be substantiated with evidence, thereby establishing a formal mechanism for oversight and enforcement at the state level.
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 measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force and making funds available to certain governmental entities.
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 authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.
Prohibits the district attorney and assistant district attorneys of the 16th Judicial District from using governmental resources for their private law practices. (8/15/10)