Memo

To: Commissioner’s Court

From: Errika Perkins
Date: July 26, 2019
Re: ICE Usage of Harris County Facilities

Commissioners Court Request

During the July 9th, 2019 Commissioners Court discussion of the immigration reform resolution, the
executive director of FIEL Houston (translated in English to “For Families and their Education”) claimed
that Harris County (HC) provides U.S. Immigration and Customs Enforcement (ICE) agents free use of
county spaces, thereby, indirectly supporting ICE. As a result, Commissioners Radack and Garcia requested
the County Auditor to look into this claim and quantify the impact.

Results
The Harris County/City of Houston Joint Processing Center (JPC) houses three workspaces for ICE agents.
Typically one agent is present per shift but up to two agents at a time have been present. The size of the
workspace is approximately 136 SF plus an additional 12 SF for a printer workstation, totaling
approximately 148 SF. The JPC building has 246,000 SF. Based on these numbers, ICE is occupying 0.06%
of the facility’s space. The average cost of nearby commercial lease space is approximately $2/per
SF/month, therefore the approximate annual equivalent cost of the space ICE occupies is $3,552.

Per the ICE agent onsite at JPC on 7/12/2019, all computer equipment and peripherals, are the property of
ICE and were not supplied by Harris County. We independently validated this with a HC Sheriff Captain.

Context
Per Texas Local Government Code (LGC) Chapter 752.053 b.4, “a local entity or campus police
department may not prohibit or materially limit” - “a federal immigration officer to enter and conduct
enforcement activities at a jail to enforce federal immigration laws.” The civil penalties for
noncompliance with this Code range from $1,000 - $25,500 per violation, see Attachment A for further
details.

Texas Senate Bill 4 went into effect on 9/1/2017. It requires police to cooperate with ICE and forbids
local authorities from adopting policies that prevent questioning of a person’s immigration status by
police. Although it is being challenged in court, the Court of Appeals in March 2018 largely upheld the
law.

Section 287 (g) of the U.S. Immigration and Nationality Act authorizes ICE to enter into agreements with
local law enforcement agencies to permit designated officers to enforce certain immigration laws. In
February 2017, the HC Sheriff ended the 287 (g) program.

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Harris County has entered into grant agreements that require, as a condition of funding, that the County
must comply with all aspects of the programs and procedures utilized by the U.S. Department of
Homeland Security, DHS.

Specifically, these agreements require the County’s full participation in all aspects of the programs and
procedures utilized by DHS to:

1. Notify DHS of all information requested by DHS related to illegal aliens in the Harris County
Sheriff’s office custody.
2. Detain such illegal aliens in accordance with requests by DHS.

We have identified 45 agreements with this requirement totaling $22.7 million in awards to the County. A
number of employees (equivalent to 94 full-time positions) are compensated from those agreements, see
Attachment B for further details.

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 ATTACHMENT A

LOCAL GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

CHAPTER 752. IMMIGRATION

SUBCHAPTER A. OFFICE OF IMMIGRATION AND REFUGEE AFFAIRS

Sec. 752.001. OFFICE OF IMMIGRATION AND REFUGEE AFFAIRS.

The Office of Immigration and Refugee Affairs is created within
the Texas Department of Human Services.

Added by Acts 1991, 72nd Leg., ch. 627, Sec. 2, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 526, Sec. 1, eff.
Sept. 1, 1995.

Sec. 752.052. APPLICABILITY OF SUBCHAPTER. (a) This

subchapter does not apply to a hospital or hospital district
created under Subtitle C or D, Title 4, Health and Safety Code,
a federally qualified health center as defined in Section
31.017, Health and Safety Code, a hospital owned or operated by
an institution of higher education, or a hospital district
created under a general or special law authorized by Article IX,
Texas Constitution, to the extent that the hospital or hospital
district is providing access to or delivering medical or health
care services as required under the following applicable federal
or state laws:
(1) 42 U.S.C. Section 1395dd;
(2) 42 U.S.C. Section 1396b(v);
(3) Subchapter C, Chapter 61, Health and Safety Code;
(4) Chapter 81, Health and Safety Code; and
(5) Section 311.022, Health and Safety Code.

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 Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION
ENFORCEMENT. (a) A local entity or campus police department
may not:
(1) adopt, enforce, or endorse a policy under which
the entity or department prohibits or materially limits the
enforcement of immigration laws;
(2) as demonstrated by pattern or practice, prohibit
or materially limit the enforcement of immigration laws; or
(3) for an entity that is a law enforcement agency or
for a department, as demonstrated by pattern or practice,
intentionally violate Article 2.251, Code of Criminal Procedure.
(b) In compliance with Subsection (a), a local entity or
campus police department may not prohibit or materially limit a
person who is a commissioned peace officer described by Article
2.12, Code of Criminal Procedure, a corrections officer, a
booking clerk, a magistrate, or a district attorney, criminal
district attorney, or other prosecuting attorney and who is
employed by or otherwise under the direction or control of the
entity or department from doing any of the following:
(1) inquiring into the immigration status of a person
under a lawful detention or under arrest;
(2) with respect to information relating to the
immigration status, lawful or unlawful, of any person under a
lawful detention or under arrest, including information
regarding the person's place of birth:
(A) sending the information to or requesting or
receiving the information from United States Citizenship and
Immigration Services, United States Immigration and Customs
Enforcement, or another relevant federal agency;
(B) maintaining the information; or
(C) exchanging the information with another
local entity or campus police department or a federal or state
governmental entity;

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 (3) assisting or cooperating with a federal
immigration officer as reasonable or necessary, including
providing enforcement assistance; or
(4) permitting a federal immigration officer to enter
and conduct enforcement activities at a jail to enforce federal
immigration laws.
(c) Notwithstanding Subsection (b)(3), a local entity or
campus police department may prohibit persons who are employed
by or otherwise under the direction or control of the entity or
department from assisting or cooperating with a federal
immigration officer if the assistance or cooperation occurs at a
place of worship.

Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 1.01,
eff. September 1, 2017.

Sec. 752.056. CIVIL PENALTY. (a) A local entity or

campus police department that is found by a court of law as
having intentionally violated Section 752.053 is subject to a
civil penalty in an amount:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $25,000 and not more than $25,500
for each subsequent violation.
(b) Each day of a continuing violation of Section 752.053
constitutes a separate violation for the civil penalty under
this section.

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 ATTACHMENT B

Net
FTEs
paid
Department Award thru
Name Project Name Grant Name Amount Grant
H/C DISTRICT Special Victims Violence Against $240,000.00 2.13
ATTORNEY Prosecution and Protective Women Formula
Order Project FY 2019 Grant
H/C DISTRICT HCDA Child Sex Crimes Victims of Crime $389,838.00 3.12
ATTORNEY Project FY'19 Assistance (VOCA)
H/C DISTRICT HCDA Adult Sex Crimes Violence Against $160,000.00 1.42
ATTORNEY Project FY'19 Women Formula
Grant
H/C DISTRICT DART Victims of Crime $999,999.00 16.34
ATTORNEY Assistance (VOCA)
H/C DISTRICT Border Prosecution Unit - Border Prosecution $170,000.00 1.00
ATTORNEY TAG Center '19 Unit
H/C DISTRICT Project 180 Criminal Justice $998,688.00 5.00
ATTORNEY Planning Fund (421)
H/C DISTRICT Victim Assistance Victims of Crime $3,058,061.00 22.42
ATTORNEY Coordinator Expansion '18 Assistance (VOCA)
H/C JUVENILE Regional Juvenile Mental Criminal Justice $14,000.00 0.00
PROBATION Health Services '18 Planning Fund (421)
H/C JUVENILE Girls Inspiring Future Emergency and Long- $1,044,596.74 3.20
PROBATION Triumphs (GIFT) Program Term Residential
Services for Child Sex
Trafficking Victims
H/C JUVENILE Creating Advocacy Criminal Justice $71,935.50 0.00
PROBATION Recovery & Empowerment Planning Fund (421)
(CARE) FY '19
HARRIS Specialized Investigator Violence Against $72,607.74 0.71
COUNTY FY '19 Women Formula
CONSTABLE Grant
PCT. 4
HARRIS Crime Victim's Assistance Victims of Crime $136,090.81 1.60
COUNTY Unit FY '19 Assistance (VOCA)
CONSTABLE
PCT. 5
HARRIS Domestic Violence Deputy Victims of Crime $102,864.58 1.00
COUNTY FY '19 Assistance (VOCA)
CONSTABLE
PCT. 7

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 Net
FTEs
paid
Department Award thru
Name Project Name Grant Name Amount Grant
HARRIS Specialty Family Drug Criminal Justice $90,500.86 0.00
COUNTY Court Program - Family Planning Fund (421)
DISTRICT Intervention Court '19
COURTS
HARRIS Specialty Veterans' Court Specialty Court $125,185.16 0.00
COUNTY Program - FY '19 Programs
DISTRICT
COURTS
HARRIS Specialty Felony Mental Criminal Justice $82,048.00 0.00
COUNTY Health Court FY19 Planning Fund (421)
DISTRICT
COURTS
HARRIS Specialty Adult Drug Court Criminal Justice $113,340.00 0.00
COUNTY (STAR) FY19 Planning Fund (421)
DISTRICT
COURTS
HARRIS ITC: Family Court Victims of Crime $362,010.15 0.75
COUNTY Victimization Support Assistance (VOCA)
DISTRICT Services FY 2018
COURTS
HARRIS M&A '18 Urban Areas Security $301,240.50 2.00
COUNTY JUDGE Initiative
HARRIS Law Enforcement Special Urban Areas Security $389,150.00 0.00
COUNTY JUDGE Responses: HCSO Air Unit Initiative
and SWAT '18
HARRIS EOC Digital Conversion Urban Areas Security $468,000.00 0.00
COUNTY JUDGE '18 Initiative
HARRIS NRG '18 Urban Areas Security $1,300,000.00 0.00
COUNTY JUDGE Initiative
HARRIS HazMat Sustainment Urban Areas Security $166,031.00 0.00
COUNTY JUDGE Project '18 Initiative
HARRIS Interoperable Urban Areas Security $2,582,267.51 0.00
COUNTY JUDGE Communications Initiative
Maintenance &
Enhancements '18
HARRIS Community Preparedness Urban Areas Security $209,568.00 0.00
COUNTY JUDGE and Regional Planning Initiative
Sustainment Activities '18
HARRIS Community Preparedness Urban Areas Security $608,263.00 6.00
COUNTY JUDGE and Regional Planning '18 Initiative

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 Net
FTEs
paid
Department Award thru
Name Project Name Grant Name Amount Grant
HARRIS HCSO: SRG Equipment State Homeland $13,575.00 0.00
COUNTY JUDGE FY '18 Security Grant
Program (DHS)
HARRIS SWAT Equipment FY '18 State Homeland $100,000.00 0.00
COUNTY JUDGE Security Grant
Program (DHS)
HARRIS Bomb Unit Examination State Homeland $45,000.00 0.00
COUNTY JUDGE Camera System Equipment Security Grant
FY '18 Program (DHS)
HARRIS Mass Fatality Management State Homeland $11,370.00 0.00
COUNTY JUDGE Training and Equipment Security Grant
FY '18 Program (DHS)
HARRIS Texas Anti-Gang Center Texas Anti-Gang $1,379,055.00 1.00
COUNTY FY 2019 Program
SHERIFF'S DEPT
HARRIS The Freedom Project '19 Residential Substance $196,734.60 3.00
COUNTY Abuse Treatment
SHERIFF'S DEPT
HARRIS Multi-Agency Gang Texas Anti-Gang $1,490,580.00 0.00
COUNTY Project FY 2018 Program
SHERIFF'S DEPT
HARRIS Domestic Violence Victims of Crime $434,000.52 3.20
COUNTY Advocacy FY '18 Assistance (VOCA)
SHERIFF'S DEPT
HARRIS Mentoring Moms FY '18 Justice Assistance $129,197.20 1.94
COUNTY Grant
SHERIFF'S DEPT
HARRIS We've Been There Done Justice Assistance $100,000.00 1.51
COUNTY That '18 Grant
SHERIFF'S DEPT
HARRIS Justice Assistance Grant Justice Assistance $1,192,642.00 0.00
COUNTY '18 Grant
SHERIFF'S DEPT
HC INSTITUTE IFS Coverdell Forensic Paul Coverdell $224,382.78 0.00
FORENSIC Science Improvement Forensic Science
SCIENCES Program (CJD) '18 Improvement Grant
HC INSTITUTE Victim Assistance Victims of Crime $312,196.00 2.00
FORENSIC Specialist FY17 Assistance (VOCA)
SCIENCES
HC Prot Svcs TRIAD Child Sex Victims of Crime $596,854.31 6.53
Children & Adults Trafficking Program '19 Assistance (VOCA)

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 Net
FTEs
paid
Department Award thru
Name Project Name Grant Name Amount Grant
HC Prot Svcs Clinic Welfare Integrated Victims of Crime $845,168.74 3.58
Children & Adults Healthcare Expansion Assistance (VOCA)
Initiative FY 2018
HC Prot Svcs Senior Justice Assessment Victims of Crime $840,641.21 2.94
Children & Adults Center Project '18/'19 Assistance (VOCA)
OFFICE OF Specialty Misdemeanor Criminal Justice $378,134.18 0.00
COUNTY SOBER Court - '19 Planning Fund (421)
COURT MGMT.
OFFICE OF Specialty Misdemeanor Specialty Court $62,186.25 0.00
COUNTY Veterans Court '19 Programs
COURT MGMT.
Total $22,763,953.16 94.15

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