FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST

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.