Texas House Bill HB1308

Texas 2017 - 85th Regular

Caption

Relating to the enforcement by certain governmental entities of state and federal laws governing immigration and to the duties of law enforcement agencies concerning certain arrested persons.

Impact

If enacted, HB 1308 would have significant implications for local government authority and the relationship between state and federal immigration policies. By restricting local entities from establishing 'sanctuary' policies, the bill enhances state control over immigration enforcement at the local level. Local authorities would have to comply with federal immigration detainers, effectively increasing the number of individuals handed over to federal authorities, while also facing the risk of losing state grant funding should they fail to adhere to the new regulations.

Summary

House Bill 1308 establishes a framework for the enforcement of state and federal immigration laws by local governmental entities, specifically targeting policies that prevent local law enforcement from assisting with immigration enforcement. The bill seeks to ensure that local entities do not adopt or enforce policies that would hinder the enforcement of immigration laws by prohibiting inquiries into an individual's immigration status during lawful detentions or arrests. Additionally, it mandates local law enforcement agencies to formalize their policies related to immigration enforcement actions and to comply with federal detainer requests.

Contention

The bill has sparked notable debate among lawmakers and advocacy groups. Supporters argue that it is essential for maintaining the rule of law and ensuring that immigration laws are enforced uniformly across the state. Conversely, critics warn that the bill could lead to racial profiling and discourage individuals from reporting crimes or cooperating with law enforcement for fear of being reported to immigration authorities. The requirement for local entities to communicate immigration status to judges prior to bail decisions has also raised concerns about the implications for due process and the rights of individuals within the criminal justice system.