Texas House Bill HB101

Texas 2021 - 87th Regular

Caption

Relating to civil liability of municipalities for failure to comply with immigration detainer requests.

Impact

This legislation will amend the Civil Practice and Remedies Code by adding provisions that waive governmental immunity for municipalities regarding this specific type of liability. The law implies that local governments have a responsibility to adhere to immigration detainer requests, which could lead to municipalities reassessing their practices in handling detainers and the release of individuals in custody. The provision for civil liability may influence how cities manage their law enforcement policies and their cooperation with federal immigration authorities.

Summary

House Bill 101 aims to establish civil liability for municipalities that fail to comply with immigration detainer requests issued by U.S. Immigration and Customs Enforcement (ICE). The bill stipulates that if a municipality releases a person subject to such a detainer and that person commits a felony in Texas within ten years of being released, the municipality can be held liable for damages. This is intended to ensure that local governments cooperate fully with federal immigration enforcement, emphasizing accountability for decisions surrounding the release of undocumented individuals.

Contention

Notably, the bill raises concerns related to local autonomy and the potential consequences of enforcing stricter compliance with immigration detainers. Critics may argue that this legislation puts undue pressure on municipalities, potentially leading to conflicts between local law enforcement priorities and federal immigration policies. There may also be ethical concerns regarding the treatment of individuals based on their immigration status and the balance between community safety and civil rights.