Rebecca Bernhardt
FACT SHEET, March 2011
Policy Analyst
Cell:
512.650.6501
Email:
[email protected]
www.criminaljusticecoalition.org
C.S.H.B. 183: COSTLY, RISKS UNCONSTITUTIONAL DETENTIONS
QUESTIONS: How will C.S.H.B. 183 change immigration screening practices in Texas jails, and what impact will it have
on counties?
KEY FINDINGS
C.S.H.B. 183 requires lock-ups to have an arrestee’s immigration status verified either by a Texas peace officer
trained under 287(g) or by federal immigration authorities, within 48 hours of arrest and before release upon
bond. This is not the current process presently used by Texas lock-ups.
•
Texas lock-ups already screen for immigration status using existing programs and relationships with federal
immigration authorities.
– Local law enforcement in Texas already spends time and resources on federal immigration enforcement. Jails
participate in the Criminal Alien Program (CAP),1 which enables immigration agents to screen persons booked
into county and municipal jails, and places an immigration “hold” on persons suspected of being deportable.2
3
– Texas also has 100% participation in a second federal screening program called Secure Communities. Through
Secure Communities, the fingerprints of booked arrestees are screened through a combined immigration and FBI
database.4 If a person is identified in the database, an ICE hold is placed on the individual.
– Approximately 100,000 people were deported from Texas in 2010, comprising 25% of the nationwide total of
393,289 deportations.5 CAP is the most successful federal program at identifying individuals for deportation and
was responsible for 48% of such identifications in 2009.6
•
C.S.H.B. 183 could lead to unconstitutional detentions.
– While C.S.H.B. 183 requires peace officers to attempt to verify each arrestee’s immigration status, the bill is silent
about what should happen to arrestees who cannot be held on their underlying criminal offense for longer than
the time it takes for booking because they are not charged with an offense subject to a jail sentence. Holding an
individual arrested on a traffic offense for even 48 hours in order to screen him or her for immigration status
could lead to expensive federal court litigation, resulting in court costs and attorneys fees.
•
C.S.H.B. 183 removes local control and will cost jails even more resources to assist the federal government.
Many Texas jails face serious overcrowding problems. Taking flexibility away from county officials in regard to
how they manage their jails could lead to more overcrowding problems, and legal liability.
7
– Each person housed in an urban Texas jail costs the jurisdiction about $60 to $70 per jail day. To the extent that
this bill leads to more petty misdemeanants held in local jails, local jurisdictions would be spending even more
resources to subsidize federal immigration authorities.
–
SOLUTIONS
 Oppose C.S.H.B. 183 and maintain sheriffs’ local authority to make decisions about how they work with
immigration law enforcement.
 Maintain sheriffs’ discretion to set criminal justice priorities, and avoid taking scarce resources away from
local criminal justice needs.
 Avoid putting new unfunded mandates to detain additional inmates on counties already struggling to
balance their budgets and keep their jails from overcrowding.
Citations on reverse side
Texas Criminal Justice Coalition | 510 S. Congress Avenue, Suite 104 | Austin, TX 78704
Tel. 512.441.8123 | Fax 512.441.4884 | www.criminaljusticecoalition.org
Freedom of Information Act response, U.S. Department of Homeland Security, 2/23/09. Available upon request.
The budget for the CAP program continues to grow. The CAP budget for FY 2009 was $150 million and for FY 2010 $200 million. DHS, “ICE Enforcement
Salaries and Expenses FY2009,” Congressional Justification, S&E 35.
3 “ICE 'Secure Communities' program now activated in all Texas counties: Secure Communities strategy prioritizes immigration enforcement actions against
convicted criminal aliens,” U.S. Immigration and Customs Enforcement, News Releases, September 29, 2010 at
http://www.ice.gov/news/releases/1009/100929dallas.htm (last viewed 1/22/11).
4 “Secure Communities: A Fact Sheet,” Immigration Policy Center, 11/4/10 at http://www.immigrationpolicy.org/just-facts/secure-communities-fact-sheet (last
viewed 1/22/11).
5
“Immigration bills face likely dead ends in Texas,” Ronald Trowbridge, Special Contributor, Austin American-Statesman, Opinion Section, A8, 1/18/11.
6
“Immigration Detention Overview and Recommendations,” Dr. Dora Schriro, Department of Homeland Security, Immigration and Customs Enforcement,
10/8/09, p. 12.
7 According to data provided by the Harris County Sheriff’s Department on 2/17/11, jail costs are about $70 dollars inmate per day for a stay of less than 30 days.
According to data provided by El Paso County’s Sheriff’s Department on 2/15/11, jail housing costs run about $70 per inmate per day. According to data provided
by the Dallas County Sheriff’s Department on 2/28/11, jail costs are about $58 per inmate per day. This data is on file with the author. In a recent report on
immigration enforcement in county jails, Travis County was reported as having an average daily cost per inmate of approximately $60 per day. “The Criminal Alien
Program, Immigration Enforcement in Travis County, Texas,” Andrea Guttin, Immigration Policy Center, Special Report, February 2010, p. 13, fn 92.
1
2
Texas Criminal Justice Coalition | 510 S. Congress Avenue, Suite 104 | Austin, TX 78704
Tel. 512.441.8123 | Fax 512.441.4884 | www.criminaljusticecoalition.org