Texas House Bill HB149

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to the enforcement by certain governmental entities of state and federal laws governing immigration.

Impact

The bill has significant implications for local governments that may wish to implement sanctuary policies or other measures perceived as limiting cooperation with federal immigration enforcement. Local entities that choose to enact policies against the enforcement of immigration laws can face severe consequences, including the withholding of state funds for the subsequent fiscal year following any violation. This mechanism is intended to ensure that local governments comply with state and federal immigration laws, effectively increasing the state’s control over local immigration policies.

Summary

House Bill 149 seeks to amend the Local Government Code by introducing measures that govern the enforcement of state and federal immigration laws by local entities in Texas. The bill emphasizes the responsibilities of local governments, prohibiting them from adopting rules that would hinder the enforcement of immigration laws. By outlining clear definitions of terms such as 'local entity' and 'immigration laws', the bill aims to standardize immigration enforcement practices across municipalities, counties, and special districts in Texas. This includes provisions that allow local peace officers and other designated officials to inquire into the immigration status of individuals under lawful detention or arrest.

Conclusion

Ultimately, House Bill 149 serves to reinforce state-level authority over localized immigration practices while imposing strict compliance measures on local entities. As Texas continues to navigate the complexities of immigration enforcement, the implications of this bill may prompt ongoing debate about the balance between state oversight and local autonomy, as well as the implications for community relations within diverse populations.

Contention

A point of contention in the discussions surrounding HB149 is its potential to impact community trust in local law enforcement, particularly among immigrant populations. Critics argue that the bill could create a chilling effect, discouraging individuals from reporting crimes or cooperating with law enforcement due to fears of immigration-related repercussions. Furthermore, while the bill explicitly prohibits discrimination based on race, language, or national origin during immigration enforcement, concerns remain regarding the practical implications of such policing measures and their effectiveness in fostering community safety and trust.