Texas Senate Bill SB1005

Texas 2025 - 89th Regular

• Filed: 1/29/25

Caption

Relating to a political subdivision's authority to use public money in the provision of legal services for individuals unlawfully present in the United States.

Impact

The bill's implementation would have significant implications for legal aid services provided at the state and local levels, particularly regarding individuals' rights who are facing immigration-related legal challenges. By limiting the allocation of public funds for this purpose, SB1005 would likely lead to a reduction in available legal services for unlawfully present individuals, potentially exacerbating their struggles within the legal system. Advocates for immigrants' rights argue that such financial restrictions hinder access to justice for vulnerable populations.

Summary

SB1005 aims to amend Chapter 752 of the Government Code, specifically introducing restrictions on the use of public money by governmental entities in providing legal services to individuals who are unlawfully present in the United States. The bill explicitly prohibits governmental entities from using financial resources for legal assistance in immigration-related civil proceedings unless required by the U.S. Constitution. This legislation is intended to limit state and local jurisdictions' financial support for legal services aimed at individuals without lawful immigration status.

Contention

There are notable points of contention surrounding SB1005. Proponents of the bill argue that it is a necessary step to prevent taxpayer money from being used to support individuals who have entered the country unlawfully. They maintain that public funds should be reserved for citizens and lawful residents. Conversely, opponents contend that the bill undermines due process rights, as many individuals facing removal proceedings deserve representation regardless of their immigration status. Critics warn that denying legal support could lead to miscarriages of justice and undermine the integrity of the judicial process.

Texas Constitutional Statutes Affected

Government Code

• Chapter 752. Immigration
  • Section: New Section