Relating to a private civil cause of action against local entities and campus police departments that violate certain laws related to immigration enforcement.
Impact
If enacted, HB1645 would modify the provisions of the Government Code, specifically by expanding the avenues through which residents can seek recourse against local enforcement entities. Notably, it proposes the waiver of sovereign immunity for the state and governmental immunity for local entities in relation to allegations made under this bill, effectively allowing for liability claims that could not be pursued previously. This change would enable greater accountability of local authorities concerning their handling of individuals who may be in the country unlawfully.
Summary
House Bill 1645 seeks to grant a private civil cause of action against local entities and campus police departments that violate laws concerning immigration enforcement. The bill stipulates that individuals who have suffered personal injury or the representatives of deceased persons due to crimes committed by individuals unlawfully present in the United States can pursue civil actions against the relevant local entity or police department. This includes provisions for recovering damages provided they can demonstrate that the local entity had policies in violation of specified laws for immigration enforcement and failed to take appropriate actions that resulted in access to the perpetrators.
Contention
The bill has raised notable discussions surrounding its potential implications for local government policies and practices, particularly in the realm of immigration enforcement. Proponents argue that it holds local entities accountable for their inaction or inability to enforce immigration laws, thus protecting communities. However, opponents might express concerns about the broader implications, suggesting that it could lead to a chilling effect on local enforcement agencies, potentially deterring cooperation and compliance due to fear of litigation, which could hamper effective law enforcement and community trust.
Last_update
The proposed legislation is set to become effective on September 1, 2025, pending its passage through the legislative process, indicating a timeline that could allow for further discussions and adjustments to the bill's framework before actual implementation.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to authorizing a private right of action against a school district or open enrollment charter school that violates a student or parental right.
Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
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Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
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