Texas House Rejects Bail Restrictions for Undocumented Immigrants

AUSTIN — The political push to deny bail to undocumented immigrants died in the Texas House Wednesday.

The proposed amendment to the Texas Constitution failed to reach the 100-vote supermajority required to send the measure to voters. The final vote was 87-39, falling largely along partisan lines.

Background of the Proposal

The proposal, Senate Joint Resolution 1, was the second bail restriction to fail in as many days in the House after a coalition of Democrats held in its opposition to the bail restriction. The other amendment, Senate Joint Resolution 87, would have denied bail to repeat offenders accused of major violent crimes.

The proposed bail restrictions for undocumented immigrants similarly would have applied to people in the country illegally accused of violent felonies, such as capital murder, aggravated assault and indecency with a child.

Concerns and Opposition

Republicans attempted to appease some Democrats’ concerns over the bill, softening language so it would no longer apply to immigrants in the country under the Deferred Action for Childhood Arrivals program and victims of trafficking and other crimes.

Despite those changes, Democrats said the bill would have a negative effect on non-white communities.

“Laws like this and putting this before the public and asking them to go out and vote so you can throw away the key when some undocumented person gets up in jail, that hurts our communities,” said Rep. Ramon Romero Jr., D-Fort Worth, a child of Mexican immigrants. “It hurts me.”

Republican Perspective

Republicans have focused on incidents of undocumented immigrants committing violent crimes while in the U.S. as a selling point for the law. The bill’s author, Sen. Joan Hufmann, R-Houston, named the proposal “Jocelyn’s Law” in reference to Jocelyn Nungaray, a 12-year-old sexually assaulted and killed in Houston, allegedly by two undocumented immigrants.

They have also said undocumented immigrants inherently pose a flight risk if allowed to be released from jail while awaiting trial.

The proposal’s sponsor in the House was Rep. John Smithee, R-Amarillo.

“If we can save the life of one little girl, if we can save one little girl from the horrors of human trafficking, this vote’s worth it,” Smithee said. “This whole session is worth it.”

Future of Bail Restrictions

Tightening bail restrictions has been a priority of Gov. Greg Abbott and Lt. Gov. Dan Patrick. That has led some lawmakers to speculate whether Abbott would call a special session to force lawmakers to remain in Austin to pass bail restrictions.

Abbott’s office did not comment when asked if the failure of SJR 1 would lead the governor to call a special session. However, Abbott could claim victory after the Legislature approved a less strict bail restriction amendment.

“The Texas Legislature has passed the strongest bail reform package in Texas history to ensure the most violent criminals are kept behind bars and our streets are safe,” Abbott spokesman Andrew Mahaleris said. “The Governor looks forward to enacting this package and sending to voters for their approval.”

The proposal, which will go before voters in November, would prevent some judges from reducing bail or bond conditions for certain alleged offenders.

Conclusion

The rejection of the proposed bail restrictions for undocumented immigrants in the Texas House marks a significant development in the ongoing debate over immigration and bail reform in the state. While the proposal’s failure may be seen as