Texas House Bill HB2280

Texas 2017 - 85th Regular

Caption

Relating to the duties of a law enforcement agency regarding the immigration status of an arrested person and to the agency's enforcement of immigration detainers and of laws relating to immigration.

Impact

The implementation of HB2280 is likely to alter existing protocols within law enforcement regarding immigration enforcement. Agencies will be legally obligated to check immigration status more rigorously, affecting both the procedural operations of local police departments and the treatment of individuals in the criminal justice system. As a result, this bill may lead to an increase in the detainment of individuals based on their immigration status, impacting community relations and public perceptions of law enforcement.

Summary

House Bill 2280 addresses the responsibilities of law enforcement agencies concerning the immigration status of individuals who have been arrested. The bill mandates that, within 48 hours of an arrest, law enforcement must verify an individual's immigration status. This verification can be conducted through the federal Priority Enforcement Program or by consulting appropriate federal or state officials. The law intends to create a systematic process for handling immigration-related inquiries for individuals in custody, ensuring that such checks occur before releasing a person on bond.

Contention

However, the bill has generated considerable debate, particularly regarding concerns over racial profiling and discrimination. The legislation explicitly prohibits law enforcement from considering race, color, language, or national origin when enforcing immigration laws, but critics fear that these provisions may not be adequately enforced. Opponents argue that the bill could institutionalize discriminatory practices, leading to unjust detentions based on perceived immigration status, which disproportionately affects minority communities.