Failure to Comply with Immigration Detainer Request

Chapter 39 of the Texas Penal Code defines offenses relating to the abuse of office.

“Failure to Comply with Immigration Detainer Request”, as per § 39.07 of the Texas Penal Code, occurs when a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail:

  • has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement; and
  • knowingly fails to comply with the detainer request.

An offense under this section is a Class A misdemeanor.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

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