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Bill

HJR 16

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

89th Legislature (2025) Introduced by Daniel Alders and 59 co-sponsors

Constitutional amendment denying bail automatically to non-citizens charged with felonies, removing judicial discretion in Texas bail proceedings.

Left pending in committee
#aliens(i0032) #crimes--miscellaneous(i0200) #criminalprocedure--bail&pretrialrelease(i0202) #jocelyn'slaw(pl1oh) #resolutions--constitutionalamendments(i0661)
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WeVote Research Nonpartisan
Bill Summary · HJR 16

Legislative bill overview

HJR 16 proposes a constitutional amendment to Texas's state constitution that would automatically deny bail to non-citizens charged with felony-level offenses. The amendment would require voter approval through a statewide referendum if passed by the legislature. This represents a significant change to bail practices, which currently allow judges discretion in setting bail amounts and conditions based on individual circumstances.

Why is this important

Bail decisions directly affect pretrial detention rates and have cascading consequences for case outcomes, employment, housing, and family stability. This amendment would remove judicial discretion for an entire category of defendants, potentially affecting thousands of individuals annually in Texas. The change raises questions about due process, the presumption of innocence, and whether blanket policies can account for individual circumstances.

Potential points of contention

  • Constitutional due process concerns: Automatic denial of bail without individual assessment may conflict with federal constitutional protections and the principle that bail should be based on flight risk and danger to community, not status alone
  • Judicial discretion vs. mandatory policy: Removes judges' ability to consider circumstances where bail might be appropriate (strong community ties, minor charges, flight risk assessment), potentially affecting case resolution and innocence determinations
  • Definition and enforcement issues: "Illegal alien" status can be complex legally; enforcement would require verification systems and could affect mixed-status families or individuals with pending immigration proceedings

Compiled from official sources — confirm details with the bill’s official record.

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