Tex. Penal Code Section 39.07
Failure to Comply with Immigration Detainer Request


(a)

A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person:

(1)

has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement; and

(2)

knowingly fails to comply with the detainer request.

(b)

An offense under this section is a Class A misdemeanor.

(c)

It is an exception to the application of this section that the person who was subject to an immigration detainer request described by Subsection (a)(1) had provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver’s license or similar government-issued identification.
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 5.02, eff. September 1, 2017.

Source: Section 39.07 — Failure to Comply with Immigration Detainer Request, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­39.­htm#39.­07 (accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

§ 39.07’s source at texas​.gov