Tex. Penal Code § 39.07 · Chapter 39. ABUSE OF OFFICE
FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 5.02, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.39.htm
- Text hash
- sha256 a6ec2101b6132e0dde11a86ae1a8667c134625514e28df98ee8d70ab1773785d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Penal Code § 39.07. Each shows the citation as that text prints it.
Local Government Code
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