Relating to the duties of a law enforcement agency regarding the immigration status of an arrested person and the enforcement of an immigration detainer.
Impact
If enacted, HB763 would enforce stricter protocols for law enforcement agencies when handling individuals' immigration statuses during the arrest process. This could lead to more immigration detainers being enforced at the state level, allowing federal authorities easier access to detain individuals wanted for immigration violations. Proponents argue that establishing such processes could contribute to public safety by ensuring that individuals with immigration issues are not released without proper screening. Moreover, the bill aligns state practices with federal immigration enforcement efforts, potentially streamlining communication between agencies.
Summary
House Bill 763 pertains to the responsibilities of law enforcement agencies regarding the immigration status of individuals who have been arrested. Specifically, it adds new articles to Chapter 2 of the Code of Criminal Procedure, mandating that within 48 hours of an arrest, law enforcement must review any available information from the federal Priority Enforcement Program or request such information to verify an individual’s immigration status. This provision aims to enhance collaboration between state law enforcement and federal immigration authorities, ensuring that immigration status is assessed prior to the release of an arrested person on bond.
Contention
The bill has faced criticism and concerns related to its implications for civil liberties and community trust in law enforcement. Opponents argue that requiring law enforcement to check immigration statuses can create a climate of fear within immigrant communities, leading to decreased cooperation with police in reporting crimes. They contend that this could exacerbate tensions between communities and law enforcement while undermining the objective of creating safer neighborhoods. Additionally, civil rights advocates express concerns that the bill may lead to profiling and unjust detentions based solely on immigration status rather than criminal behavior.
Duplicate
Relating to the duties of a law enforcement agency regarding the immigration status of an arrested person and the enforcement of an immigration detainer.
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 the powers and duties of the Texas Commission on Law Enforcement and law enforcement agencies regarding law enforcement officers and the use of body worn cameras; authorizing fees.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.