Texas Law and IMMIGRATION

The New Texas Law scheduled to start on Sept. 1, 2017

       Does:

  • Prevent cities and universities from prohibiting (or materially limiting) the police asking about immigration status (no sanctuaries allowed);
  • Fine cities and universities that prohibit (or materially limit) the police asking about immigration status;
  • Allow the Attorney General to seek to remove an office holder that prohibits (or materially limits) the police asking about immigration status;
  • Force authorities to honor immigration (ICE) holds on people in custody;
  • Allow officers to ask about nationality or immigration status of a Victim or Witness BUT ONLY if it is needed to investigate the offense or protect the person assisting law enforcement or if the Victim or Witness may have committed a separate criminal offense;
  • Require persons with an ICE hold sentenced to a secure correctional facility to be transferred to Federal Custody to complete the sentence;
  • Prohibit the police from considering race, color, religion or national origin while enforcing immigration laws, except as allowed by the U.S. and Texas Constitutions;

(Texas Judges are already required to report the illegal immigration status of anyone convicted or placed on deferred probation)

BUT IT DOES NOT:

 Require the police to ask about nationality or immigration status of anyone detained or expand the Texas Failure to Identify law, which requires anyone lawfully detained to give name, address and date of birth to a requesting officer.