Texas House Bill HB2361

Texas 2025 - 89th Regular

• Filed: 2/3/25

Caption

Relating to agreements between local law enforcement agencies and United States Immigration and Customs Enforcement to enforce federal immigration law.

Impact

The bill seeks to enhance cooperation between state and federal authorities regarding immigration enforcement. A significant consequence of the bill is the potential loss of state grant funds for political subdivisions whose law enforcement agencies do not comply with the requirements. Such sanctions may compel local police departments to enter agreements they might otherwise choose to avoid, significantly altering the current dynamics of local governance over immigration matters. The attorney general is given the power to bring actions against non-compliant agencies, indicating a shift towards stricter enforcement of immigration laws on the local level.

Summary

House Bill 2361 focuses on establishing mandatory agreements between local law enforcement agencies in Texas and the United States Immigration and Customs Enforcement (ICE) to enforce federal immigration laws. The bill amends the Local Government Code by requiring each law enforcement agency to request and enter into a written agreement under Section 287(g) of the Immigration and Nationality Act. This act authorizes local officers to enforce federal immigration law, which is not traditionally within their jurisdiction. Moreover, if an agency fails to enter into such an agreement, it must document its attempts indefinitely and report this documentation to the attorney general.

Contention

Notable points of contention surrounding HB 2361 center on concerns regarding local autonomy and the implications of state-mandated immigration enforcement. Critics of the bill argue that it undermines local governments' ability to make decisions best suited to their communities and could lead to strained relations between law enforcement and immigrant communities. There are worries that enforcing immigration law at the local level may discourage individuals from seeking assistance from law enforcement due to fear of deportation. Conversely, proponents argue that the bill is necessary for maintaining public safety and ensuring that local law enforcement plays an active role in combating illegal immigration.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 370. Miscellaneous Provisions Relating To Health And Public Safety Of More Than One Type Of Local Government
  • Section: New Section