A new measure filed in the Texas House would allow a person injured by an illegal alien’s crime to sue sanctuary cities.

House Bill 1645 by State Rep. Terri Leo-Wilson (R-Galveston) allows for a person injured or a personal representative of a person killed as a result of an illegal alien’s crimes to file a lawsuit against a local entity or university police department if it fails to comply with federal and state immigration law at the time the crime was committed. 

This means if a local entity, like a city government or university campus police, violates the law by having a sanctuary policy, it can be held responsible and a court may award damages, reasonable costs, and attorney’s fees. 

The legislation also states that if a local entity or university police department has such a policy, its sovereign and governmental immunity will be waived to the extent of liability. If the local entity or campus police department does not have these policies in violation of the law, it will retain its immunity.

Leo-Wilson told Texas Scorecard that the legislation sends a clear message to cities passing sanctuary city policies.

“Filing HB 1645 is about ensuring accountability and protecting Texans. Sanctuary cities that ignore ICE detainers put public safety at risk, and this legislation sends a clear message: if you release someone who goes on to commit a crime, you will be held responsible,” said Leo-Wilson. “The bill allows victims or their families to pursue civil damages against jurisdictions that disregard ICE detainers, ensuring there are real consequences for these decisions. Our communities deserve to feel safe, and HB 1645 is a step toward restoring that security.”

Texas Public Policy Foundation Campaign Director for the Secure and Sovereign Texas Campaign Selene Rodriguez told Texas Scorecard that local entities that don’t follow immigration law should be held accountable for their policies.

“If a local entity or university refuses to comply with immigration enforcement, they are putting their community at risk. Texas is an anti-sanctuary state, and therefore every entity and political subdivision should fall in line and cooperate with immigration enforcement,” said Rodriguez. “The solution is simple: Every level of government should promote policies that discourage illegal immigration, discourage crime, and ensure Texans are safe from threats that shouldn’t be there in the first place. If any level of government knowingly harbors criminals, they should be held accountable.”

The 89th Legislative Session begins on January 14, 2025.

Emily Medeiros

Emily graduated from the University of Oklahoma majoring in Journalism. She is excited to use her research and writing skills to report on important issues around Texas.

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