Sec. 39.07. Failure to Comply with Immigration Detainer Request

A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person:

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.

It is an exception to the application of this section that the person who was subject to an immigration detainer request described by Subsection (a)(1) had provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver’s license or similar government-issued identification.