Texas House Bill HJR 16

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Proposing a constitutional amendment requiring the denial of bail for an illegal alien charged with an offense punishable as a felony.

Summary

HJR 16 proposes a constitutional amendment to add a new section to Article I of the Texas Constitution requiring denial of bail for an “illegal alien” accused of a felony offense. The resolution defines “illegal alien” for purposes of the amendment and provides that, after a hearing, a judge or magistrate must find probable cause that the person committed the alleged felony before bail can be denied pending trial. If approved by voters, the measure would create a new constitutional rule specific to noncitizens who entered unlawfully or who failed to maintain lawful nonimmigrant status. It would apply only to felony charges and only after a judicial probable-cause determination, but it would still significantly narrow bail eligibility for the covered group and add a new immigration-based category to Texas pretrial release law.

Impact

The resolution would amend the Texas Constitution by adding Section 11e to Article I, creating a new mandatory bail-denial provision for a defined class of defendants. It would affect judges, magistrates, prosecutors, defense counsel, and pretrial detention practices by requiring detention of covered defendants charged with felony offenses once probable cause is established. Because it is a constitutional amendment, it would supersede ordinary statutory bail rules to the extent of any conflict and would be submitted to voters rather than taking effect solely by legislative enactment.

Sentiment

The available record shows no committee transcript, vote tally, or recorded floor debate, so there is no direct evidence of the arguments made for or against the proposal. The bill was left pending in committee in both chambers, which suggests it had not advanced to final consideration at the time of the last action. Based on the text alone, the measure appears to reflect a tough-on-crime and immigration-enforcement approach, but the legislative record provided does not show formal support or opposition statements.

Contention

The main point of contention is likely the bill’s use of immigration status as a basis for mandatory pretrial detention, which raises concerns about equal treatment, due process, and whether bail decisions should be tied to citizenship or lawful presence. Supporters would likely argue that the amendment targets felony defendants who are unlawfully present and enhances public safety by ensuring detention after probable cause is found. Opponents would likely focus on the breadth of the definition of “illegal alien,” the potential for overinclusive application to nonviolent felony charges, and the constitutional and policy implications of creating a separate bail rule for a specific immigration category.