Texas House Bill HB328

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

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.