Sec. 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.
Structure Texas Statutes
Title 8 - Offenses Against Public Administration
Section 39.015. Concurrent Jurisdiction to Prosecute Offenses Under This Chapter
Section 39.02. Abuse of Official Capacity
Section 39.03. Official Oppression
Section 39.05. Failure to Report Death of Prisoner
Section 39.06. Misuse of Official Information
Section 39.07. Failure to Comply With Immigration Detainer Request