Berman Files Series Of Bills Targeting Illegal Immigrants

State Rep. Leo Berman (R-Tyler) has filed a series of bills aimed at illegal immigrants in Texas in anticipation of the start of the 81st Session of the Texas Legislature next month. The legislation ranges from a constitutional amendment to declare English the official language of Texas to legislation that would restrict where illegal immigrants reside in Texas, all the way to a resolution calling on the President to pardon convicted Border Patrol agents. Like a giant piñata filled with razor blade laced candy, Berman’s bills cross nearly every public policy sector from banking to education.

English-Only Legislation. HB 253 is a fairly strict English-only measure. It essentially prohibits the state from making any job one where bilingual skills are required. In other words, it prohibits the state from making staffing decisions based upon an applicant’s ability to speak more than one language. The bill also makes it lawful for Texas employers to require that only English be spoken in the work place and while the employer’s business is being conducted. It also requires that all driver license tests be administered in English only and would prohibit the use of a translator by anyone who does not speak English.

Sanctuary Cities Only. HB 254 would restrict where illegal immigrants in Texas can live. It would require all illegal immigrants to live in so-called “sanctuary cities,” which the bill defines as:

…a municipality that adopts a resolution declaring that the municipality does not discriminate or deny municipal services on the basis of a person’s immigration status and that all persons are treated equally regardless of immigration status.

The bill would also give the Texas Department of Public Safety carte blanch to administer the law and adopt regulations for doing so. Presumably, if enacted, DPS could simply round up illegal immigrants, throw them in air-conditioned 18-wheelers, and haul them to downtown Houston at will. Clearly, this is an unconstitutional bill and it will never get out of committee. Nevertheless, it shows the lengths to which anti-immigrant legislators will stoop. Oh yes–and, in spite of the fact that there are illegal immigrants in Texas from other places than Mexico, it would require DPS to distribute information about the law and, we presume, the coming relocation in exactly two languages: English and Spanish.

Shutting The Doors To Higher Education. HB 255 would prohibit the admission of anyone who isn’t in the country legally to any higher education institution in Texas. It would also essentially prevent the re-enrollement of existing immigrants into new semesters unless they provide proof that they are here legally.

An Unconstitutional End-Run Around Citizenship. HB 256 would require that Texas birth certificates include a space to indicate the citizenship of the parents. In addition, it would mandate some patently unconstitutional changes to state law. For one thing, it would only allow a birth certificate to be filed for a child if that child is a citizen of the United States. The bill defines that as the child having at least one parent who is a citizen, although federal law simply defines it as having been born in the United States. It also proposes to place an onerous and costly burden on local registrars. In cases where a birth certificate would indicate that one parent of a child is a permanent resident alien, the local registrar would be required to verify that status with the Department of Homeland Security.

Illegal? Go Directly To Jail. HB 260 would amend the Code of Criminal Procedure to prohibit community supervision (probation) for any illegal immigrant if they have been previously convicted of “an offense” in Texas. Since the new language proposed by the language fails to define “an offense” with any sufficiency whatsoever, one would assume that an illegal immigrant who has been convicted of speeding, an open container violation, littering, or parking against the flow of traffic would be ineligible for community supervision. This is a galactically stupid bill that could potentially fill county jails and state prisons to the point of complete overflow.

Making Local Law Enforcement Do The Job Of The Federal Government. HB 261 would essentially require every county constable, sheriff’s deputy, municipal police officer, and even college and university police departments to enforce immigration laws or lose and forefit any and all state funding. In short, the bill would require that, any time a law enforcement officer comes in contact with an illegal alien or one presumed to be an illegal alien, they would have to arrest that individual for being in the country unlawfully, and spend countless hours and tax dollars sorting the mess out, housing the immigrant until the federal government stepped in, and more. I’m sure this bill, in someone’s infinite wisdom, will manage to escape a fiscal note, but the cost to Texas taxpayers in jail costs, overtime costs for law enforcement, and in the need for additional law enforcement officers that will be required to actually handle real crime could reach into the billions.

More Burdens On Public Schools. HB 262 would require that public schools verify the citizenship of students, and collect and report data on alien children. This is a measure that will not only cost public school districts millions of dollars but could also discourage immigrant families from making sure their children are educated. That’s a terrible Catch-22 since state law requires children up to a certain age attend school regularly, federal law guarantees their ability to attend public schools, and immigrant families may not want to put their kids in school for fear of being deported. Of course, that’s exactly what the bill’s author wants, so that is no surprise.

Fees On Money Transmission. HB 263 is a bill we’ve seen in previous sessions that has failed to pass. It would mandate heavy fees on any money transmissions to Mexico, Central, or South America originating from Texas that are for personal, family, or household purposes.

Might As Well Call It A Tax On Businesses. HB 266 would require that no government agency, city, etc., enter into a contract with a private business unless that business participates in an electronic status verification system to verify the citizenship of all of its employees. Such programs can be very costly, and would prohibit a lot of small businesses from doing business with the government simply because they can’t afford the cost. An affidavit certifying that they’ve checked the papers/Social Security Cards of all their employees would be far more efficient, although is still unnecessary.

Requesting Presidential Amnesty For Convicted Border Patrol Officers. HCR 13, if passed, would represent an official request from the state of Texas to the President of the United States to pardon convicted Border Patrol agents Ignacio Ramos and Jose Compean.

Official Language Constitutional Amendment. HJR 27 would mandate that English is the official language of Texas.

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