Texas Gov. Greg Abbott sent a letter to Dallas County Sheriff Lupe Valdez Monday saying she was putting all Texans at risk by "refusing to automatically detain all criminal immigrants."
Abbott was referring to the U.S. Immigration and Customs Enforcement Agency's "federal detainer program, which is designed to prevent dangerous criminals from being released into communities."
Abbott said Monday the state must prohibit policies that "promote sanctuary to people in this state illegally."
"'Sanctuary City' policies like those promoted by your recent decision to implement your own case-by-case immigrant detention plan will no longer be tolerated in Texas," Abbott said in his letter. "Your decision to not fully honor ICE's requests to detain criminal immigrants poses a serious danger to Texans. These detainers provide ICE with the critical notice and time it needs to take incarcerated immigrants into federal custody."
According to The Dallas Morning News, Valdez recently changed the department's policies on holding immigrants in the county jail for immigration officials once the person is past their release date.
"Immigration detainers issued by ICE merely constitute a request that the Dallas County Sheriff’s office provide federal immigration authorities an opportunity to collect and remove criminal immigrants in their custody before they are released – a longstanding policy honored by the Dallas County Sheriff’s office up until Sheriff Valdez's decision," Abbott said.
Should Valdez not reverse her decision Abbott said there could be repercussions, including:
- Passing laws that prohibit any policy or action that promotes sanctuary to people in this state illegally.
- Enacting laws that make it illegal for a Sheriff's Department to not honor a federal immigration detainer request.
- Evaluating the extent to which local taxpayers should foot the bill for local decisions that increase costs for Texas' health and education systems.
- Amending the Tort Claims Act to ensure counties are fully financially responsible for the actions of any illegal immigrants who are released because the county's Sheriff failed to honor an ICE detainer request.
Spokesman John Wittman confirmed that Abbott wants the Republican-controlled Legislature to take up the issue in 2017.
"Sanctuary cities" has no legal meaning. It's typically used to describe local governments that ban police from asking about a person's immigration status.
Abbott's stance is unsurprising. But he has mostly ducked taking a clear position on the issue that roils Democrats and is opposed by sheriffs in some of Texas' largest counties.
Republicans have proposed "sanctuary cities" laws since 2011 but have repeatedly failed despite an overwhelming conservative majority.
