Texas House Bill HB764

Texas 2017 - 85th Regular

• Filed: 12/28/16

Caption

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.