Texas's Anti-Sanctuary City bill-SB4- has been allowed to go forward, at least in part, by a federal appeals court. The most controversial part of the SB4 provisions is the language that directs all Texas law enforcement agents and officials to "comply with, honor, and fulfill," Immigration and Customs Enforcement (ICE) detainer requests.
The relevant part of the provision, Art. 2.251. DUTIES RELATED TO IMMIGRATION DETAINER REQUESTS, says "A law enforcement agency that has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement shall: (1) comply with, honor, and fulfill any request made in the detainer request provided by the federal government; and (2) inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement." The above provision has been allowed to take effect by a federal appeals court and basically says any police officers, chiefs or sheriffs who refuse ICE detainer requests will now be subject to criminal charges. This new provision essentially means Texas law enforcement officials can land in jail if they don't comply with Immigration and Customs Enforcement. The one exception allows officers who are aware of a person's lawful status in the country through official documentation to deny an ICE detainer request if it is wrongfully-issued.
Section 5.02 of SB4 further amends Texas law, specifically Sec. 39.07. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. This provision says "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. Although most of SB4 was blocked from going into effect by U.S. District Judge Orlando Garcia, these particular provisions will be allowed to take effect.
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