Bill > HB3856

This bill introduces new requirements and legal provisions related to immigration status and law enforcement interactions in Texas. Under the new law, non-U.S. citizens are required to carry federal documentation proving their lawful presence in the United States when they are arrested or detained. Peace officers are now authorized to request and verify a person's immigration status if they have reasonable suspicion that the individual is unlawfully present. If a non-citizen fails to provide truthful information about their citizenship status, provides false information, or refuses to show documentation when requested by a law enforcement officer, they can be charged with a misdemeanor. The severity of the offense ranges from a Class C misdemeanor to a Class B misdemeanor, depending on the specific circumstances and any prior convictions. Additionally, the bill mandates that peace officers notify U.S. Immigration and Customs Enforcement (ICE) within 12 hours if they determine that an arrested or detained person is unlawfully present in the United States, and allows officers to detain such individuals beyond their normal release time for the purpose of this notification. The bill is set to take effect on September 1, 2025, and includes a severability clause to ensure that if any part of the law is found invalid, the rest of the legislation can still be enforced.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3856