Relating to the enforcement by certain governmental entities of state and federal laws governing immigration.
Impact
The bill will significantly affect how local governments operate regarding immigration enforcement. By mandating that local entities refrain from prohibitive policies, it aims to align local practices with state and federal immigration laws. This could potentially increase local law enforcement's role in immigration issues, which some argue could lead to strained community relations, particularly among immigrant populations. Furthermore, the threat of losing state funding may compel compliance among local governments that might otherwise resist such measures.
Summary
House Bill 762 seeks to outline the responsibilities of certain local entities in enforcing state and federal immigration laws. It introduces Chapter 364 to the Local Government Code, emphasizing that local governments must comply with immigration laws or face penalties, including loss of state funding. The bill defines key terms such as 'immigration laws' and 'lawful detention' and stipulates the actions local entities must take to ensure compliance, such as not prohibiting inquiries into the immigration status of individuals under lawful detention or arrest.
Contention
Notably, the bill has faced criticism over concerns that it infringes on local control and can lead to racial profiling. Local entities are explicitly barred from considering race or national origin unless permitted by the constitution, but critics worry about the practical application of this requirement. Additionally, the bill has sparked debate over its implications for public trust in local law enforcement agencies, particularly in communities with a significant immigrant population, where fear of deportation could deter individuals from reporting crimes or cooperating with police.
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 measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force and making funds available to certain governmental entities.
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 authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.
Prohibits the district attorney and assistant district attorneys of the 16th Judicial District from using governmental resources for their private law practices. (8/15/10)