Texas Senate Bill SB109

Texas 2017 - 85th 1st C.S.

Caption

Relating to the repeal of certain provisions governing state and local enforcement of immigration laws and to certain other provisions related to immigration law.

Impact

The repeal will nullify existing mandates that require local enforcement to detain individuals on behalf of federal authorities, thereby diminishing the role of local law enforcement in immigration matters. This change could result in a more lenient approach to undocumented individuals who come into contact with local law enforcement, potentially impacting public safety and community-policing efforts. Supporters of the bill argue that it promotes fairness and maintains civil rights, while opponents may view it as an opening for increased undocumented immigration within local communities.

Summary

Senate Bill 109 aims to repeal several provisions of the Texas Code of Criminal Procedure and Government Code that govern state and local enforcement of immigration laws. The notable provisions targeted for repeal were enacted by Senate Bill 4 during the 85th Legislature. These include specific articles that require law enforcement agencies to comply with federal immigration detainer requests, which allow the federal government to request that local law enforcement hold individuals based on immigration status. The implications of this repeal are significant for how state and local entities are allowed to interact with federal immigration enforcement.

Contention

There are points of contention surrounding the perception of local versus state authority in immigration enforcement. Critics argue that repealing these provisions will hamper efforts to address immigration issues and could create a less cooperative environment between state and federal authorities. On the other hand, proponents emphasize the importance of safeguarding individual rights and preventing local agencies from becoming enforcers of federal immigration laws. This bill thus encapsulates a broader debate regarding the balance of power in immigration enforcement and the responsibilities of local governments.