Relating to civil liability of a local government for failure to comply with an immigration detainer.
Impact
Should HB 764 become law, it will lead to significant changes in the way local governments handle individuals subject to immigration detainers. The provision imposing liability for felonies committed after the release of such individuals is intended to create a disincentive for any local government to neglect compliance with ICE detainers. This could result in increased cooperation between local law enforcement agencies and federal immigration authorities, leading to potential changes in custody practices regarding persons with immigration holds.
Summary
House Bill 764 aims to impose civil liability on local governments in Texas that fail to comply with immigration detainers issued by the United States Immigration and Customs Enforcement (ICE). Specifically, the bill stipulates that a local government must be held liable for damages resulting from a felony committed by an individual released from custody under such a detainer, if the release occurs within four years prior to the crime. The intent behind the bill is to encourage local compliance with federal immigration laws, thereby addressing concerns over public safety as perceived by supporters of the legislation.
Contention
However, the bill has also generated considerable controversy. Critics argue that imposing liability on local governments could lead to negative consequences for community safety and trust. There are concerns that such a law would encourage local law enforcement to detain individuals solely based on their immigration status rather than actual criminal conduct, which could further complicate community relations and undermine the trust between immigrant communities and local law enforcement agencies. Furthermore, opponents fear that the focus on compliance with ICE detainers could divert resources away from addressing local crime and public safety issues, thus impacting overall community well-being.
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 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.
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.