Texas Penal Code
§ 39.07 — FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST
PE § 39.07Title 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · Ch. 39. ABUSE OF OFFICE
Statute text
View on source(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.
Legislative history
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 5.02, eff. September 1, 2017.