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Senate approves measure to deny bail for illegal aliens charged with felonies
Summary
The Texas Senate on Feb. 19 passed a committee substitute to Senate Joint Resolution 1 that would amend the state constitution to require denial of bail for an illegal alien accused of a felony upon a judge finding probable cause; the vote was 29-2 in favor.
The Texas Senate on Feb. 19 passed the committee substitute to Senate Joint Resolution 1, proposing a constitutional amendment that would require denial of bail for an illegal alien accused of an offense punishable as a felony upon a finding of probable cause. The Senate recorded a final vote of 29 ayes and 2 nays.
The resolution’s author, Senator Huffman, told colleagues the measure is intended to backstop federal efforts and to respond to recent violent crimes by noncitizens. He cited a recent homicide in Houston and said federal and state mechanisms have not prevented some accused violent offenders from being released on bond. "Members, it is undeniable that our state has experienced a significant increase in illegal immigration in recent years," Huffman said during floor debate.
Supporters told the Senate the proposed change would require a magistrate or judge, upon finding probable cause that a felony occurred and that the defendant is an illegal alien (language the sponsor said aligns with the federal definition used for undocumented criminal aliens), to deny bail. In floor colloquy senators discussed the evidentiary standard: a judge must determine probable cause before denying bond, and advocates argued that identification and access to federal immigration information (for example through 287(g) authorities) would assist courts in making that determination.
Opponents urged caution about breadth and potential constitutional questions. Senator Johnson said the measure "is a very broad bill" and warned it could face constitutional challenges, urging colleagues and the House to consider narrowing language during conference work.
The committee substitute was advanced through suspension of rules and a suspension of the three-day constitutional rule before final passage. Following the vote Senator Huffman said, "Jocelyn's family thanks you," referencing testimony and victim advocates who appeared in committee.
The Senate passage completes its action in that chamber; proponents said they view the change as a measure to increase public safety by restricting pretrial release in the subset of cases described.
Votes at a glance: committee substitute to SJR 1 — final passage: 29 ayes, 2 nays.
