Proposed Texas Bill Denying Bail to Undocumented Immigrants with Felony Charges
Background
Two bills filed by a Houston-area Texas Senator would deny bail for anyone in Texas without legal status who has been charged with a felony. The proposed bills, SJR 1 and SJR 49, would affect an “illegal alien” charged with a felony, as defined by the federal government.
The Hearing
The Texas Senate held a criminal justice hearing on Wednesday morning to discuss a number of bail reform bills. At the hearing, Texas Senator Joan Huffman, who represents areas like Katy, Lake Jackson, and Bay City, explained the definition of an “illegal alien” in the resolution, which aligns with the federal definition of an undocumented, criminal alien. She emphasized that the judge or magistrate setting bail must first determine that probable cause exists to believe that the person engaged in the conduct constituting the felony offense.
Jocelyn’s Law
The bills will be known as “Jocelyn’s Law,” a reference to 12-year-old Jocelyn Nungaray, whose case gained national attention after ICE confirmed the men accused of killing her entered the country without permission. Jocelyn’s mother, Alexis Nungaray, also spoke at the hearing on Wednesday, stating that she wants to advocate for the law on behalf of her daughter.
Opposition to the Bill
A number of civil rights advocates and attorneys spoke against SJR 1 and SJR 49 during the hearing, citing concerns that the bills would lead to more people being detained before a trial and more potential for racial profiling. Sarah Cruz, a Border and Immigrant Rights Strategist for the American Civil Liberties Union of Texas, argued that the bill would violate the constitutional right to due process, as it would detain individuals who may pose no risk to public safety or may otherwise be eligible for federal relief, and force state judges with no authority or expertise on immigration law to make status determinations.
Impact on Immigration Policy
The proposed bills would also have an impact on immigration policy. Crystal Gomez, speaking on behalf of the Texas Chapter of the American Immigration Lawyers Association, emphasized that the resolution would hinder ICE’s ability to take custody of the person for immigration enforcement and shift the financial burden of the costs of detention from the federal government to Texas taxpayers.
Avoiding Detention Through Alternatives to Detention
In a separate case, one Houston woman without legal status, Cristina Salazar-Hinojosa, was released after she was apprehended by border patrol due to the Alternatives to Detention program. According to the American Immigration Council, this program is seen as a more “humane and cost-effective” alternative to detention. Unfortunately, Salazar-Hinojosa was later deported after missing her immigration hearing, according to ICE officials, who say she chose to take her U.S.-born twins with her to Mexico. Her husband reported that she missed the hearing because she was giving birth to her twins.
Conclusion
The proposed bills, SJR 1 and SJR 49, aim to deny bail to undocumented immigrants with felony charges, sparking concerns about the impact on due process, racial profiling, and immigration policy. While the bills are intended to ensure public safety, opponents argue that they would lead to more people being detained before a trial and potentially create a system of racial profiling. The consequences of these bills will be far-reaching, affecting not only the individuals involved but also the state’s economy and immigration policy as a whole.
FAQs
Q: What is the purpose of the proposed bills?
A: The proposed bills aim to deny bail to undocumented immigrants with felony charges.
Q: What is the definition of an “illegal alien” in the resolution?
A: The definition aligns with the federal definition of an undocumented, criminal alien.
Q: Who spoke in opposition to the bills?
A: A number of civil rights advocates and attorneys, including Sarah Cruz, a Border and Immigrant Rights Strategist for the American Civil Liberties Union of Texas.
Q: What is the impact on immigration policy?
A: The proposed bills would hinder ICE’s ability to take custody of the person for immigration enforcement and shift the financial burden of the costs of detention from the federal government to Texas taxpayers.
Q: Is there an alternative to detention?
A: Yes, the Alternatives to Detention program is seen as a more “humane and cost-effective” alternative to detention.
AP Photo/Evan Vucci
Republican presidential nominee former President Donald Trump comforts Alexis Nungaray and Joamel Guevara, mother and uncle of Jocelyn Nungaray, during an event along the southern border with Mexico, Thursday, Aug. 22, 2024, in Sierra Vista, Ariz.
