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.
Notes of Decisions
City of El Cenizo v. Texas, 264 F. Supp. 3d 744 (W.D. Tex. 2017).
· cites it 7× “251(a); and Tex. Pen. Code § 39.07, should be enjoined because they violate the Fourteenth Amendment’s due process clause.”
City of El Cenizo, Texas v. State of Texas, 890 F.3d 164 (5th Cir. 2018).
“See Tex. Penal Code § 39.07(a) - (c). SB4 further requires Texas to indemnify local entities against any claim arising out of their good-faith compliance with an ICE-detainer request.”
City of El Cenizo, Texas v. State of Texas, 885 F.3d 332 (5th Cir. 2018).
“See Tex. Penal Code § 39.07(a)-(c). SB4 further requires Texas to indemnify local entities against any claim arising out of their good-faith compliance with an ICE-detainer request.”
Tex. Penal Code § 39.07(a): 2 cases
City of El Cenizo, Texas v. State of Texas, 890 F.3d 164 (5th Cir. 2018).
“See Tex. Penal Code § 39.07(a) - (c). SB4 further requires Texas to indemnify local entities against any claim arising out of their good-faith compliance with an ICE-detainer request.”
City of El Cenizo, Texas v. State of Texas, 885 F.3d 332 (5th Cir. 2018).
“See Tex. Penal Code § 39.07(a)-(c). SB4 further requires Texas to indemnify local entities against any claim arising out of their good-faith compliance with an ICE-detainer request.”
Tex. Penal Code § 39.07(c): 1 case
City of El Cenizo v. Texas, 264 F. Supp. 3d 744 (W.D. Tex. 2017).
“251(a); and Tex. Pen. Code § 39.07, should be enjoined because they violate the Fourteenth Amendment’s due process clause.”
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