Texas SB 4 (2017), codified at Government Code Chapter 752, prohibits Austin from adopting sanctuary policies. Austin and Travis County must honor ICE detainers and may not bar officers from asking immigration status during lawful stops.
Texas Senate Bill 4 (2017), codified primarily at Government Code Chapter 752 Subchapter C, forbids Texas cities, counties, and law-enforcement agencies from adopting policies that limit cooperation with federal immigration authorities. The law passed largely in response to former Travis County Sheriff Sally Hernandez's 2017 detainer-restriction policy. Local officials may not prohibit officers from asking about immigration status during lawful stops, sharing information with ICE, or honoring civil ICE detainers. Austin Police Department and the Travis County Sheriff comply with detainer requests. Violations expose officials to civil penalties from $1,000 to $25,500 per day, removal from office, and Class A misdemeanor charges. Austin retains a Welcoming City resolution but it conforms to SB 4 in operation.
Officials who adopt sanctuary policies face civil penalties of $1,000 for first violations and $1,000 to $25,500 daily for repeat violations under Tex. Gov't Code Sec. 752.056, plus removal from office and Class A misdemeanor liability under Section 752.0565.
See how Austin's sanctuary policy preemption rules stack up against other locations.
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