Sanctuary Cities in Texas: What You Need to Know

The topic of immigration, regardless of legality, is one of the most controversial and complicated issues in American politics today. Terms like deportation, undocumented immigrant, and sanctuary city are often debated via public forums throughout the country.
You may find yourself wondering what it means when a jurisdiction, whether a city, county, or other municipality, claims “sanctuary” status. Further, much of the information available about sanctuary cities is often partisan and opinionated. Therefore, it is difficult to draw concrete conclusions about sanctuary cities.
If you or a loved one have any questions or concerns about your rights as an immigrant, the best course of action is to consult an experienced immigration attorney. Nanthaveth & Associates offers free initial consultations and provides skilled legal representation in immigration law.
What is a Sanctuary City?
While there is no official definition, sanctuary status is conveyed on any city, municipality, county, or state that does not aid or assist the federal government with actions such as ICE raids or deportations. In fact, some sanctuary jurisdictions have even passed laws intended to resist the actions of the Department of Justice (DOJ) and ICE.
Numerous sanctuary cities and counties can be found across the United States. These include major metropolitan areas like New York City, San Francisco, Chicago, Baltimore, Philadelphia, and Los Angeles. Each jurisdiction may have different laws or procedures that ultimately define their sanctuary status.
Such policies are intended to protect their unique immigrant populations and allow them to seek the help of local government services such as the fire department, police and ambulance without the fear of deportation.
That doesn’t mean that the DOJ and ICE are unable to conduct raids or deportations in these areas, it just means that the local government will not assist them.
Opponents of sanctuary cities claim that such entities are endangering the citizenry of the United States through their protection of undocumented immigrants and their families.
One popular argument is that sanctuary cities are crime-ridden and dangerous. Peer-reviewed literature refutes such opinions. One article published by Martinez, Martinez-Schuldt, & Cantor found that the “limited cooperation policies” of sanctuary jurisdictions create a “spiral of trust” between law enforcement officials and the community.[1]
History of Sanctuary Cities
The movement to establish sanctuary cities in the U.S. started in the early 1980s after the U.S. government refused to grant asylum to many refugees from politically unstable countries in Central America during wars that ultimately killed more than 200,000 Guatemalans and more than 75,000 Salvadoreans.
At that time, the strongest advocates for sanctuary cities were Christian-based advocacy groups. In the early 80’s Minister John Fife wrote a letter to then Attorney General William Smith declaring, “the South-side United Presbyterian Church will publicly violate the Immigration and Nationality Act by allowing sanctuary in its church for those from Central America.”[2] A few decades later, by 2018, over 560 cities, counties and states were considered sanctuary locations for undocumented immigrants.
One of the first actions of the Trump Administration was to sign Executive Order (EO) 13768 on January 25, 2017. EO 13768 targeted sanctuary cities across the United States. You can read further and view the entirety of EO 13768 here. Several state and municipal entities challenged EO 13768.
In early 2021, President Joe Biden ended Trump’s policy of denying sanctuary cities federal funding and rescinded Trump’s executive order about sanctuary cities. In February 2024 though, Biden called for sanctuary cities and sanctuary jurisdictions to cooperate with U.S. Immigration and Customs Enforcement regarding undocumented immigrants suspected of crimes.
At that time a White House spokesperson stated, “We welcome local law enforcement’s support and cooperation in apprehending and removing individuals who pose a risk to national security or public safety.”
Does Texas have Sanctuary Cities?
People regularly ask: Is Houston a sanctuary city? Is Dallas a sanctuary city? Is Austin a sanctuary city? And Is San Antonio a sanctuary city?
Previously, Texas housed several sanctuary cities, including Houston and Dallas.
Unfortunately, that is no longer the case. While some cities in Texas don’t fully cooperate with federal immigration authorities, the state has no officially declared sanctuary cities.
This means that if you have interactions with a local government in Texas and they find out that you are undocumented, there is a risk they will report you to ICE.
In May 2017, Texas passed Senate Bill 4 (SB4) despite heated opposition by local governments and law enforcement officials. SB4 required local law enforcement officers to comply with federal immigration agents and operations. Additionally, SB4 allowed police to question any arrested person about their immigration status. These harsh new policies placed considerable stress on local law enforcement. Countless immigrants became in danger of arrest and/or deportation.
Because of the potential drastic consequences of SB4, several organizations filed appeals challenging the constitutionality of the bill. Rights groups such as the ACLU continue to challenge the law.
The bill is blocked while these lawsuits are processed. You can read further about the Texas ACLU’s SB4 efforts here.
In April 2022, as Governor of Texas, Greg Abbott announced that Texas would begin sending Asylum seekers and other immigrants released from federal custody to other states. By January of 2024, the State of Texas spent over $148 million dollars to send released asylum seekers and other noncitizens to other states, specifically to predominantly Democratic cities like Washington D.C., Chicago, Philadelphia, Los Angeles, and Denver. In September 2024, Abbott publicly stated that he sent buses full of noncitizens from the Texas border to sanctuary cities across the United States to make a statement.
Obtaining Asylum in Texas
U.S. Citizenship and Immigration Services (USCIS) allows noncitizens already on U.S. soil to apply for asylum status if they meet certain conditions. If you’ve arrived on U.S. soil within the past year and you have a well-founded fear of persecution based on your race, religion, nationality, membership in a particular social group, or a political opinion you hold, you may qualify for asylum. Under certain conditions, it’s also possible that an exception could be made if you arrived more than a year ago.
Asylum is a legal status, that could protect you from deportation. If you believe you may qualify for asylum in the United States, contact an immigration attorney as soon as possible.
Obtaining Temporary Protected Status in Texas
Another legal status for undocumented immigrants is Temporary Protected Status (TPS). If you are on U.S. soil and your home country was designated for TPS, you could be eligible to apply for this legal status.
If TPS is approved, you’ll be granted certain benefits, the most important of these is that you can’t be deported as long as you are protected under TPS. If you are from a country that is eligible for TPS participation, contact an immigration attorney as soon as possible.
Contact an Experienced Immigration Attorney
As it stands, sanctuary jurisdictions technically no longer exist within the state of Texas. This means that it is imperative that immigrants understand their rights and, if necessary, seek the advice and services of an expert immigration attorney. Only an attorney experienced in immigration law can accurately direct and guide you through any legal challenges you may face.
Nanthaveth & Associates continually watches the evolution of immigration enforcement and can provide expert legal counsel upon the matter. If you are in Texas and concerned about a lack of legal immigration status, you can schedule a free confidential initial consultation today to discuss any immigration case, concern, or question.
Sources
[1] Martinez, D. E., Martinez-Schuldt, R. D., & Cantor, G. (2018). Providing Sanctuary or Fostering Crime? A Review of the Research on “Sanctuary Cities” and Crime. Sociology Compass, 12.1. doi: 10.1111/soc4.12547
[2] Cunningham, Hilary, God and Caesar at the Rio Grande: sanctuary and the politics of religion (Minneapolis: University of Minnesota Press, 1995) .
[3] Exec. Order No. 13768, 3 C.F.R. 8799-8803, 2017.