“It’s inexcusable to release individuals from jail that have been charged with heinous crimes like sexual assault against minors, domestic violence, and robbery.”
Like him or not, Texas Governor Greg Abbott has put his signature on a law that bans so-called sanctuary cities and threatens non-compliant law enforcement officers with fines, jail time and removal from office. He signed the bill into law Sunday, live on Facebook.
“Citizens expect law enforcement officers to enforce the law,” Abbott said in a statement posted on Facebook Live. “Citizen deserve law breakers to face legal consequences.”
The law, which takes effect Sept. 1, compels officers to cooperate with Immigration and Customs Enforcement agents and requires sheriffs to honor agency detainers, or requests to hold someone to determine whether deportation proceedings should begin.
The new law is unique in that it would fine government entities up to $25,500 for each day the law is violated. The law would also result in a misdemeanor charge of Official Misconduct for sheriffs, police chiefs and constables who fail to comply with detention requests and in removal from office for elected and appointed officials, Abbott’s office said.
Under Texas law, a law enforcement official such as Chief of Police, Sheriff, or Constable will be removed from office after conviction of Official Misconduct.
Sec. 87.031. of the Texas Local Government Code states
IMMEDIATE REMOVAL.
(a) The conviction of a county officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer.
(b) The court rendering judgment in such a case shall include an order removing the officer in the judgment.
Texas Governor Abbott was the first in the nation to sign this type of legislation since President Trump signed an executive order that threatened to withhold funding from cities, towns, and counties that don’t comply with immigration laws and the immigration agency’s requests.
The new law had seen support mainly from the Republican side of Texas Government as well as the largely conservative population although many law enforcement agency heads in the state did not support the bill when it was being debated.
In his statement, Abbott recalled the killing of Kate Steinle, saying there are “deadly consequences” to not enforcing the law, and he called out Travis County Sheriff Sally Hernandez, who has said she would comply with ICE requests only for serious violent crimes.
Sheriff Hernandez has been very vocal and has taken a very public stand against enforcing immigration laws. Her department has consistently refused to honor immigration detainer requests and has released offenders back into the public instead of turning them over to immigration. Her stand on not obeying immigration requests was a large part of the platform she ran on to get elected last November.
Governor Abbott has already restricted over $1.3 million in grants and state funds from Travis County, where Hernandez is Sheriff.
“Elected officials and law enforcement agencies, they don’t get to pick and choose which laws they will obey. As Governor, my top priority is public safety, and this bill furthers that objective by keeping dangerous criminals off our streets. It’s inexcusable to release individuals from jail that have been charged with heinous crimes like sexual assault against minors, domestic violence, and robbery.” Abbott said.
Abbott also assured viewers that the measure’s key provisions had already been tested and approved by the U.S. Supreme Court.
