Undocumented Immigrants Accused of Crimes Face Same Bail Restrictions as Repeat Offenders Under Texas Bill Proposal

Texas lawmakers are moving forward with legislation that would tighten bail eligibility for individuals accused of violent crimes, including undocumented immigrants and repeat offenders.

The proposals, which have advanced through both chambers of the Legislature in recent months, aim to limit judicial discretion and expand the categories of defendants who must be held without bail.

On Monday, the Texas House passed a slate of bail reform bills that would prohibit judges in larger counties from reducing bail for those accused of violent crimes and bar bail entirely for undocumented immigrants facing similar charges, as The Dallas Morning News reports. Lawmakers also approved Senate Bill 9, a wide-ranging measure preventing release on personal bond for individuals with prior felony convictions, those arrested while on parole, or those subject to immigration holds. The bill passed with bipartisan support, 122–20.

Gov. Greg Abbott, who visited the House floor following the vote, praised the legislation:

“We’ve been working hard on this for a long time. Too many people have been murdered because of the broken bail system that we’ve had. The members of the House stepped up and did what they needed to do for their constituents”

The House also considered a constitutional amendment to ban bail for undocumented immigrants accused of violent felonies, but it failed to meet the required two-thirds vote, leaving the door open for revisions.

These House actions follow earlier Senate activity in February, when lawmakers passed Senate Joint Resolution 1, also known as “Jocelyn’s Law.” Authored by Sen. Joan Huffman (R-Houston), the measure would require judges to deny bail to undocumented immigrants if there is probable cause for a felony charge.

Huffman introduced the resolution in response to the murder of 12-year-old Jocelyn Nungaray, allegedly committed by two undocumented immigrants. “If these men had the financial means, they could be out on the streets today,” she said in support of the bill back then.

While supporters say the reforms are necessary to protect public safety and ensure accountability, critics argue they create unequal treatment. “Why would we pick one [offender] over the other?” asked Rep. Terry Canales (D-Edinburg). “If you want to get tough on crime, let’s deny all of them bail.”

If the chambers reconcile their differences, the final bills will head to the governor’s desk.