El Paso cannot operate as a sanctuary city under Texas SB 4 (2017) and HB 4 expansions, which require local law enforcement to honor federal immigration detainers and prohibit policies limiting cooperation with ICE and Border Patrol.
Texas SB 4 (2017) bans sanctuary policies, requires Texas peace officers to honor ICE detainer requests, and authorizes officers to inquire about immigration status during lawful stops. The 5th Circuit Court of Appeals upheld key provisions in City of El Cenizo v. Texas (2018). Subsequent legislation expanded cooperation requirements. El Paso, on the US-Mexico border with Ciudad Juarez, has a heavy CBP and Border Patrol presence; EPPD coordinates with federal partners on detainers. Local officials face removal from office for non-compliance.
Officials who adopt sanctuary policies face civil penalties up to $25,500 per day plus removal from office. Officers may be disciplined for refusing to honor detainers. Texas AG can sue cities and counties for non-compliance.
See how El Paso's sanctuary policy preemption rules stack up against other locations.
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