Texas House Bill HB1645

Texas 2025 - 89th Regular

• Filed: 12/17/24

Caption

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.

Texas Constitutional Statutes Affected

Government Code

• Chapter 752. Immigration
  • Section: New Section