Texas 2025 - 89th Regular

Texas House Bill HB3856

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating 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.

Impact

If enacted, HB3856 will modify existing laws in Texas regarding the responsibilities of both law enforcement and individuals concerning immigration status verification. Specifically, law enforcement will be tasked with a proactive role in notifying federal agencies post-arrest, which may lead to an increase in interactions between local law enforcement and federal immigration authorities. Additionally, the requirement for non-citizens to carry documentation could potentially lead to legal repercussions for those failing to comply.

Summary

House Bill 3856 addresses issues surrounding immigration documentation, specifically mandating that individuals not considered citizens or nationals of the United States must carry documentation proving their lawful presence. The legislation aims to streamline police procedures by requiring officers to notify federal immigration agencies if they determine a person is unlawfully present in the U.S. upon arrest or detention. This stipulation seeks to create a pathway for the federal government to be informed promptly about individuals in the state who may be violating immigration laws.

Contention

The bill may generate significant debate concerning its implications for civil liberties and community relations, particularly among immigrant populations. Opponents argue that such a measure may foster fear within communities, discourage individuals from reporting crimes or cooperating with law enforcement, and potentially lead to discriminatory practices against those perceived as undocumented. Conversely, supporters may argue that the bill enhances public safety by ensuring that those unlawfully present are identified and reported to federal authorities.

Companion Bills

No companion bills found.

Previously Filed As

TX SF3771

Certain trespass offenses requiring a warrant signed by a judicial officer for immigration enforcement modifications and detainment of persons subject to civil immigration detainers issued by the federal government prohibition

TX HF3483

Trespass offenses modified to require a warrant signed by a judicial officer for immigration enforcement, and detention of persons subject to civil immigration detainers issued by the federal government prohibited.

TX A11176

Prohibits landlords or their agents from inquiring or requiring disclosure about citizenship or immigration status, requiring specific immigration documentation to be presented, disclosing immigration or citizenship status to third parties, or threatening to report a tenant's citizenship or immigration status in retaliation for asserting their rights.

TX S09490

Prohibits landlords or their agents from inquiring or requiring disclosure about citizenship or immigration status, requiring specific immigration documentation to be presented, disclosing immigration or citizenship status to third parties, or threatening to report a tenant's citizenship or immigration status in retaliation for asserting their rights.

TX HB2566

Relating to the enforcement of state and federal immigration laws by state agencies, local entities, and peace officers; creating a civil penalty.

TX HB69

Requiring businesses to use the federal E-Verify system of the United States Citizenship and Immigration Services.

TX SB658

Relating to agreements between sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law.

TX SB8

Relating to agreements between certain sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law and a grant program to cover the costs of implementing those agreements.

TX HB5580

Relating to agreements between sheriffs and the United States Immigration and Customs Enforcement to enforce federal immigration law.

TX SB194

Requires the referral of applicants who fail citizenship or immigration verification to U.S. Immigration and Customs Enforcement. (8/1/26) (EG SEE FISC NOTE See Note)

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