Email, Lena Graber, special projects attorney, Immigrant Legal Resource Center, Feb. 8, 2017

1 p.m.

8 USC 1373 is a federal law and thus binding on all the states unless it is struck down by the courts or otherwise limited.

However, 8 USC 1373 has nothing to do with Sheriff Hernandez’ policy.  Therefore, she hasn’t violated it, nor “refused to enforce” it.

8 USC 1373 prohibits local or state agencies or governments from enacting a policy that limits communication with DHS about a person’s citizenship or immigration status.

Sheriff Hernandez’ policy does not do this.  Her policy prevents the county from detaining people on ICE detainers in violation of the Fourth Amendment, and puts limits on the some of the voluntary assistance that Travis County is willing to provide to ICE.  In fact, the policy specifically notes in Section 10 that it does not limit communication with ICE about citizenship or immigration status.

This is line with most “sanctuary” policies, which do not limit communication about citizenship or immigration status because to do so would appear to conflict with federal law.

Therefore I would say that the governor’s tweet is false and/or wrong.

Lena Graber

Special Projects Attorney

Immigrant Legal Resource Center