Relating to a database containing certain records of children who are not lawfully present in the United States.
Impact
The bill amends Chapter 411 of the Government Code to create Subchapter S, which specifies the processes related to this database. It requires that records are stored for investigative purposes and emphasizes the need for best practices regarding data handling and access control. Importantly, the records will be removed when a child is determined to be lawfully present or after a specified retention period, which adds a layer of oversight regarding the data management of sensitive information related to minors.
Summary
House Bill 1072 proposes the establishment of a database to track records of children who are not lawfully present in the United States. Under this legislation, employees of the Department of Public Safety, as part of Operation Lone Star, would have the authority to detain children suspected of unlawful presence, collect their fingerprints, and conduct wellness interviews to ensure their safety. The bill emphasizes a protective approach by mandating wellness checks to prevent trafficking offenses.
Contention
Although the bill aims to address concerns regarding safety and unlawful presence, it raises questions about the implications for children who may be detained based solely on suspicion. Critics may see potential for misuse or overreach, particularly regarding the handling of minors and the implications of establishing a formal record-keeping system for children based on their immigration status. The debate surrounding this bill may center on the balance between public safety and the rights of children within the immigration system.
Texas Constitutional Statutes Affected
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
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 measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.