Texas House Bill HB1072

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

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
  • Section: New Section