(a) Purpose. The purpose of this rule is to establish
guidelines for the Texas Juvenile Justice Department (TJJD) to work
with United States Immigration and Customs Enforcement (ICE) concerning
youth who are undocumented foreign nationals.
(b) Definitions. Undocumented Foreign National--A foreign-born
youth who does not have legal authorization to reside in the United
States.
(c) General Provisions.
(1) TJJD will not detain an undocumented foreign national
in a secure facility for the sole purpose of deportation. An ICE detainer
is not an automatic bar to earned release.
(2) TJJD will work with ICE to determine the residency
status of a youth who does not have documentation identifying his/her
residency.
(3) TJJD will notify ICE of the release date of a youth
10 days prior to release from a high restriction/secure facility if
ICE has issued a detainer for the youth.
(4) If ICE fails to pick up a youth on or before the
release date, TJJD will proceed with placement options for the youth.
TJJD may hold a youth after the scheduled release date for pick up
by ICE, but such a hold may not exceed 48 hours after the scheduled
release date.
(5) TJJD monitors the cases of youth detained by ICE
until the youth are discharged from TJJD.
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