Texas Penal Code 39.07 – Failure to Comply With Immigration Detainer Request
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(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.
Terms Used In Texas Penal Code 39.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(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.