Texas House Rejects Bill to Deny Bail to Undocumented Immigrants Charged With Felonies

Texas' House of Representatives rejected a bill that would would amend the state constitution to deny bail to undocumented immigrants charged with a felony.

Known as "Jocelyn's Law" after Jocelyn Nungaray, a 12-year-old girl from Houston allegedly killed by two undocumented migrants last year, had passed the Senate with bipartisan support. It was also supported by Texas Governor Greg Abbott, who said during his state of the state address in early February that "illegal immigrants who are arrested should be considered a flight risk, denied bail and turned over to" ICE.

It required two-thirds of the votes in the Lower House to be placed on the November ballot for voter approval. However, it fell 13 votes shy of the 100 needed.

The proposed reforms, however, have drawn criticism from legal experts and civil rights organizations, who argued that SJR 1 raises constitutional concerns. State Representative Gene Wu, a Houston Democrat, told The Texas Tribune that "denying bail because of someone's immigration status is very openly and clearly unconstitutional." The Bail Project, a national organization that helps low-income defendants pay bail, said the bill is "based entirely on misinformation and false claims."

"The proposed amendment raises significant legal concerns, particularly regarding the 14th Amendment's Equal Protection Clause, which prohibits discriminatory treatment under the law," explained immigration attorney Rosanna Berardi to The Latin Times when the bill passed the Senate. "The amendment could have a chilling effect on immigrant communities, as individuals may be less likely to report crimes or cooperate with law enforcement due to fear of detention. The policy also risks undermining public safety by isolating immigrant communities and hindering trust between residents and authorities."