Relating to state and federal laws regarding immigrants or immigration, including the enforcement of those laws by certain governmental entities and the use of consular identity documents for certain purposes.
Impact
The implications of HB328 are significant for local government operations. Specifically, it mandates that local entities cannot adopt policies that restrict the enforcement of immigration laws. By instituting this requirement, the bill effectively preempts local regulations that diverge from state mandates regarding immigration. The failure to comply could result in local governments losing state funding and potentially facing litigation from the Texas Attorney General. This requirement raises concerns around local control and the ability of municipalities to govern specific community needs, particularly in areas involving immigrant rights and public safety.
Summary
House Bill 328 addresses the enforcement of state and federal immigration laws by local governmental entities in Texas. It outlines specific responsibilities for law enforcement agencies related to inquiring into and acting upon the immigration status of individuals under lawful detention or arrest. The bill establishes that local governments may be held liable for damages if they fail to assist federal immigration officers in enforcing these laws when appropriate. This provision aims to solidify cooperation between state and federal authorities in the area of immigration enforcement.
Contention
There are notable points of contention associated with HB328. Proponents argue that the bill is crucial to ensuring the integrity of immigration laws and enhancing public safety. In contrast, opponents contend that the legislation may foster discrimination against immigrant communities, as it requires local enforcement of federal immigration policy and could lead to unlawful profiling. Critics also raise concerns about the ethical implications of enforcing federal mandates that may conflict with local values or priorities, particularly in cities that strive to foster inclusive environments for all residents.
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 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 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.
Appropriate use of state and local resources ensured by limiting state and local government participation in federal civil immigration enforcement efforts.
Relating to the verification of employment authorization by state contractors and state grant recipients, including the use of the federal E-verify program, and to authorization for the suspension of certain licenses held by private employers for the knowing employment of persons not lawfully present in this state; authorizing a fee.
Relating to the verification of employment authorization by governmental entities, state contractors, and state grant recipients, including the use of the federal E-verify program.
Relating to the verification of employment authorization by governmental entities, state contractors, and state grant recipients, including the use of the federal E-verify program.