Actions: [5] HCPAC/HJC-HCPAC [7] DP-HJC [11] DP [14] PASSED/H (35-25) [15] SHPAC/SJC-SHPAC [19] DP-SJC
Scheduled: Not Scheduled
House Bill 9 (HB 9) relates to public safety and enacts the Immigrant Safety Act (Act). This Act prohibits public bodies from entering into agreements used to detain people for civil immigration violations and requires any existing agreements to be terminated. The Act further prohibits public bodies from using public property to facilitate detaining people for civil immigration violations.Legislation Overview:
House Bill 9 (HB 9) enacts the Immigrant Safety Act (Act). This Act prohibits public bodies from engaging in certain contracts or actions that deal with federal immigration law. A “public body” includes a state or local government, advisory board, commission, agency that receives public funding, political subdivisions, special tax districts, school districts, and institutions of higher education. Any provision that applies to a public body also applies to any entity or individual acting on behalf of the public body. The Act imposes the following restrictions: • A public body cannot enter into or renew an agreement to detain individuals for federal civil immigration violations. If such an agreement already exists, the public body must terminate it as early as allowed under the terms of the agreement. • A public body cannot sell/trade/lease/dispose of real property for the detention of individuals for federal civil immigration violations. • A public body cannot impose a law/ordinance/policy/regulation that violates or conflicts with this Act. The Act does not limit the ability of law enforcement personnel to detail individuals in an investigatory detention as permitted by state law. The attorney general or a district attorney can bring a civil action if a violation of the Act has occurred or to prevent a violation from occurring. A violation of the Act can result in injunctive relief but monetary damages cannot be awarded. The Act has a severability clause, so that if any part of the Act is deemed invalid, the remainder is not affected.