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.
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 Earlier county practices that limited cooperation were withdrawn after SB 4.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.
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.
See how Tomball's sanctuary policy preemption rules stack up against other locations.
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