HB 13, by Rep. Ernie Yarbrough, R-Trinity, would undermine civil liberties, increase the potential for racial profiling and wrongful detention of immigrants, and undermine trust in law enforcement, especially among immigrant communities.
The bill has passed in the House Judiciary Committee and now awaits a vote by the full House. Email your state representative to urge them to oppose HB 13.
- This bill violates civil liberties. Arresting and detaining individuals on the basis of their immigration status would violate individuals’ Fourth Amendment and other due process rights. Detaining people solely on the basis of an immigration detainer request means holding people in detention longer, away from their families and communities, all relying on a notoriously inaccurate system.
- This bill increases racial profiling. What does an undocumented person look like? This bill attempts to empower local law enforcement to arrest individuals who are suspected of being in the country unlawfully. It also requires police to confirm the nationality of someone in jail. This is likely to lead to increased instances of racial profiling and discrimination against Black and brown people, including immigrants. State and local law enforcement have no training on how to determine immigration status, and it is impossible to determine someone’s nationality or immigration status simply by looking at them.
- This bill increases the risk of legal challenges for wrongful detention. Similar legislation in other jurisdictions has led to legal challenges and costly settlements for wrongful detention of individuals based on expired or erroneous immigration detainers.
- This bill undermines trust in law enforcement. Policies that require local law enforcement to collaborate with federal immigration authorities can erode trust between immigrant communities and law enforcement agencies, hindering effective crime reporting and public safety efforts.
- We should think about how to address the root causes of violence against women and ensure justice for the victim. The core problem that this bill seeks to address is violence against women. The perpetrator's or alleged perpetrator’s background doesn’t matter.
- This is a divisive bill that only tries to divide us along lines of race and ethnicity. This bill diverts attention from the issue of violence against women. It perpetuates fear and division without addressing the underlying problem.
- This bill promotes false and divisive narratives about undocumented immigrants. The findings from this 2021 study comparing crime rates between undocumented immigrants, legal immigrants and native-born U.S. citizens in Texas show that undocumented immigrants have the lowest felony arrest rates across violent, property, drug and traffic offenses when compared to native-born citizens and legal immigrants. These findings suggest that the narrative linking undocumented immigrants to higher crime rates is not supported by empirical evidence, challenging media portrayals that stigmatize immigrants based on their legal status.
- We should work to empower all communities to denounce violence. HB 13 would silence women who have family members of varying immigration statuses from being able to speak out against their abuser for fear of both ICE weaponization and arrest in domestic violence investigations.