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Harris County, TX Immigration Policy: Sanctuary Policy Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State law
TX SB 4 (2017)
Detainer compliance
Required up to 48 hours
County status
Not a sanctuary
Penalty range
$1,500-$25,500 daily
Code reference
TX Gov't Code Ch. 752

Summary

Texas SB 4 (2017) prohibits any county, city, or sheriff from adopting sanctuary policies or refusing ICE detainers. Harris County is not a sanctuary jurisdiction and the Sheriff honors ICE detainer requests through the joint processing center.

City-specific rules exist: Houston has its own sanctuary policy preemption rules that differ from Harris County's county-level regulations. If you live in Houston, check the city-specific page instead.

Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION ENFORCEMENT. (a) A local entity or campus police department may not:(1) adopt, enforce, or endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws;(2) as demonstrated by pattern or practice, prohibit or materially limit the enforcement of immigration laws; or(3) for an entity that is a law enforcement agency or for a department, as demonstrated by pattern or practice, intentionally violate Article 2A.060, Code of Criminal Procedure.(b) In compliance with Subsection (a), a local entity or campus police department may not prohibit or materially limit a person who is a commissioned peace officer described by Article

Source: Harris County Sheriff's OfficeView official code

Full Breakdown

Texas SB 4, enacted in 2017 and largely upheld by the Fifth Circuit, requires local law enforcement to honor ICE civil immigration detainer requests, prohibits policies restricting officers from inquiring about immigration status, and authorizes removal from office of sheriffs or officials who adopt sanctuary practices. Harris County Sheriff's Office complies by holding individuals subject to ICE detainers up to 48 hours past their scheduled release and notifying ICE before release through the Joint Processing Center. Harris County is not a sanctuary jurisdiction. Earlier county practices that limited cooperation were withdrawn after SB 4. Civil penalties for non-compliant counties run $1,500 to $25,500 per day, plus loss of state grant funding under Texas Government Code Chapter 752.

Violations & Fines

Officials adopting sanctuary policies face civil penalties of $1,500 to $25,500 per day, removal from office under SB 4, and loss of state grant funding. Individuals harmed by detainer-rule violations may sue under the Texas Tort Claims Act.

Frequently Asked Questions

Will Harris County Sheriff hold me for ICE if I post bond?
Yes if ICE has filed a detainer. Under Texas SB 4, the Sheriff must hold you up to 48 hours past your scheduled release while ICE takes custody. Local refusal would trigger state penalties and removal from office.
Can a Harris County city create its own sanctuary policy?
No. SB 4 preempts any city, county, or sheriff policy that limits cooperation with federal immigration enforcement. Officials adopting such a policy face civil penalties, removal, and loss of state funding.

Sources & Official References

Other rules in Harris County

All Harris County rules

Texas rules heatmap·Compare Harris County to another location·View the Texas immigration policy overview

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Sanctuary Policy Preemption in Cities Across Harris County