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Texas · 89th Legislature Regular Session
HB3856Relating to immigration documentation or other information to verify citizenship or immigration status and to notification to the federal government of an arrested or detained person who is unlawfully present in the United States; creating a criminal offense.
Direction
Immigration enforcementstate federal cooperationAI label
Requires peace officers to notify ICE of any arrested or detained person determined to be unlawfully present, and allows continued detention for that purpose, so more immigration enforcement.
A peace officer who arrests or detains a person and determines that the person is unlawfully present in the United States shall notify the United States Immigration and Customs Enforcement or another applicable federal agency as soon as practicable but not later than 12 hours after making the determination.
Creates a new state crime (Class C or B misdemeanor) for non-citizens who are lawfully arrested or detained and then refuse to provide truthful citizenship/immigration information, fail to provide required federal documentation, or provide false information, so more state immigration enforcement.
A person commits an offense if: (1) the person is required under Section 752.081 to carry federal documentation verifying the person's lawful presence in the United States; (2) the person is lawfully arrested or detained by a peace officer; and (3) the person: (A) intentionally refuses to provide truthful information verbally to a peace officer regarding the person's citizenship or immigration status in response to the officer's request for that information; (B) fails to provide federal documentation described by Subdivision (1) on a peace officer's request for that documentation; or (C) [in]
⚠ Quote could not be matched to the bill text: treat this label with caution
Requires non-citizens to carry federal documentation of lawful presence if required by federal law, and limits when officers may request such documentation or status information to cases of reasonable suspicion of unlawful presence or other legal authorization, so overall expands immigration-related
A person who is not a citizen or national of the United States shall carry federal documentation verifying the person's lawful presence in the United States if the person is otherwise required to carry or possess that documentation under federal law.
Why the model tagged it this way: The bill adds requirements for peace officers to notify federal immigration authorities of unlawfully present persons (with authority to detain), creates a new state criminal offense for failing to provide or falsifying immigration documentation/status when lawfully stopped, and imposes a carry requirement for immigration documents, all of which expand state immigration enforcement. The limitation on when officers may inquire is a minor restriction but does not outweigh the overall expansions.
Related bills
HB123Relating to the repeal of laws requiring agreements between certain sheriffs and the United States Immigration and Customs Enforcement to en↓Restricts immigration enforcement Filed
HB137Relating to employment practices of governmental entities, state and local contractors, and private employers in this state regarding the le↑Expands immigration enforcement↑Expands immigration enforcement Filed
HB156Relating to the eligibility of a service member or veteran of the United States armed forces to participate in a veterans treatment court pr↓Restricts immigration enforcement↓Restricts immigration enforcement Filed
HB392Relating to an exception from requirements to assist or cooperate with federal immigration officers for matters regarding activities that oc↓Restricts immigration enforcement↓Restricts immigration enforcement Filed