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Texas · 89th Legislature Regular Session

HJR16 Proposing a constitutional amendment requiring the denial of bail for an illegal alien charged with an offense punishable as a felony.

Direction

Immigration enforcement state immigration crimes borderAI label

Expands immigration enforcement model confidence 90%

Denies bail to noncitizens matching the bill's definition of 'illegal alien' if probable cause exists for a felony charge, increasing detention of such individuals by state and local governments pending trial.

An illegal alien who is accused of committing an offense punishable as a felony shall be denied bail pending trial if a judge or magistrate determines after a hearing that probable cause exists to believe that the person engaged in the conduct constituting the offense.

✓ Quote verified word for word in the bill text

Immigration enforcement state federal cooperationAI label

Expands immigration enforcement model confidence 80%

Creates a state constitutional rule that uses a state-law definition of 'illegal alien' (incorporating federal immigration status) to mandate denial of bail for those charged with state felonies, expanding state enforcement actions tied to federal immigration classifications.

In this section, "illegal alien" means a person who: (1) entered the United States without inspection or at any time or place other than as designated by the United States attorney general; or (2) was admitted as a nonimmigrant and, before the date of the commission of the offense, had failed to maintain the nonimmigrant status under which the alien was admitted or to which the status was changed under applicable federal immigration law, or to comply with the conditions of the person's status.

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2025-03-18: Left pending in committee
Filed
2025-03-05
Committee
Criminal Jurisprudence
Sponsor
John Smithee R + 60 cosponsors (60 R)

Why the model tagged it this way: The bill proposes a Texas constitutional amendment that defines 'illegal alien' using federal immigration criteria and requires denial of bail for such persons charged with state felonies upon a probable-cause finding, which expands state/local immigration enforcement by increasing pretrial detention based on immigration status.

Related bills

Hearings and calendar

Sponsors

Text versions

History (7 actions)
DateChamberAction
2025-03-18HLeft pending in committee
2025-03-18HTestimony taken/registration(s) recorded in committee
2025-03-18HConsidered in public hearing
2025-03-18HScheduled for public hearing on . . .
2025-03-06HReferred to Criminal Jurisprudence
2025-03-06HRead first time
2025-03-05HFiled