Texas Senate Approves Bill to Deny Bail to Undocumented Immigrants Charged With Felonies, Critics Call It 'Unconstitutional'

The Texas Senate approved a set of bail reform measures including Senate Joint Resolution 1 (SJR 1), which would amend the state constitution to deny bail to undocumented immigrants charged with a felony.

The bill, spearheaded by Republican Senator Joan Huffman, passed with bipartisan support and is now headed to the House, where it requires a two-thirds majority to be placed on the November ballot for voter approval. Huffman noted that SJR 1 is aligned with the spirit of the newly enacted Laken Riley Act, which mandates the detention of undocumented immigrants arrested for certain crimes at the federal level.

"To support the federal government in implementing this law, Texas needs to establish comparable detention measures for illegal aliens accused of felony offenses," Huffman said through a statement on the official Texas Senate website.

The proposal was named Jocelyn's Law in memory of Jocelyn Nungaray, a 12-year-old from Houston who was sexually assaulted and murdered in June 2024, as The Texas Tribune reports. Two Venezuelan nationals who were in the U.S. illegally have been charged with her murder. "These two men were not denied bail for the murder of Jocelyn, even when the preponderance of evidence existed at arraignment and their illegal alien status presented a major flight risk," Huffman stated.

Lieutenant Governor Dan Patrick strongly endorsed the bail reform package through a statement of his own, emphasizing the need to address what he described as a pattern of low bail for repeat and violent offenders:

"Across Texas, and specifically in Harris County, repeat and violent offenders, including those here illegally, are being released on personal recognizance or very low bail by judges and magistrates who disregard offenders' violent history. This puts Texas communities and law enforcement at risk. Repeat offenders must not be allowed to roam freely, continuing their crime sprees and wreaking havoc across our state"

The proposed reforms, however, have drawn criticism from legal experts and civil rights organizations, who argue 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. "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."

For Berardi, the amendment is in direct alignment with the broader immigration strategy promoted by the Trump administration:

"The proposed amendment echoes Trump's recent executive orders aimed at restricting federal benefits for migrants, ending birthright citizenship, and penalizing sanctuary cities. Both the state and federal initiatives seek to deter illegal immigration by introducing harsher legal penalties and limiting protections available to undocumented immigrants. Governor Abbott's push for bail reform through this amendment mirrors the federal approach by tightening state-level immigration enforcement and reinforcing the narrative of prioritizing public safety through stricter legal measures"