Harris County, TX Immigration Policy: Sanctuary Policy Preemption (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.
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
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 Earlier county practices that limited cooperation were withdrawn after SB 4.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?
Can a Harris County city create its own sanctuary policy?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas immigration policy overview
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