AUSTIN (KXAN) — The Travis County Sheriff’s Office says they are reviewing their ICE detainer policy and are now considering modifications due to a recent case where the jail initially denied a retainer on an accused child sex abuser.

The man, Hugo Gallardo-Gonzalez, 31, was booked Sunday on a charge of continuous sexual abuse of a young child, which is not one of the four charges in Sheriff Sally Hernandez’s policy that leads to an accepted Immigration and Custom Enforcement detainer. Those charges are capital murder, first degree murder, aggravated sexual assault and human smuggling.

After the sheriff’s office reviewed the suspect’s paperwork, they determined there was an aggravated sexual abuse element to the case. “Actions were immediately taken to reinstate the requested ICE detainer to keep Hugo Gallardo-Gonzalez in custody,” said Travis County Jail administrator Major Wes Priddy in a statement.

Major Priddy went on to say they “intend to review this matter and consider possible policy modifications to account for similar future issues.”

When Gallardo-Gonzalez was originally booked into the jail and went through magistration, his bond was set at $50,000, along with an order to stay 200 yards away from the victim and another order that he be GPS monitored.

Court documents indicate the victim, who is now 11 years old, told police Gallardo-Gonzalez started sexually assaulting her when she was 9 years old.

The close call led Sen. Dawn Buckingham, R-Lakeway, to hold a press conference, drawing attention to the types of crimes people commit and could be returned to the community instead of being deported. She was flanked by more than a dozen members of the Republican Party.

“We have a clear message to Sheriff Hernandez. Again, please rescind your policies. I want a safe Travis County and a safe Texas. It is time to do the right thing,” said Sen. Buckingham.

The Republicans did not take any questions from the press.

Then something unexpected happen. Two key Democratic Senators, Sen. Royce West, D-Dallas, and Sen. Carlos Uresti, D-San Antonio, went to the podium and called on Sheriff Hernandez to change her policy.

“Understand these persons are innocent until proven guilty. However, if you have these types of offenses being committed by persons who don’t belong in this country, if there is a detainer, you need to detain them. End of story. Until the wheels of justice prevail,” said Sen. West.

ICE has faced increased scrutiny in the past week from elected officials and immigration advocates after 51 people were arrested in Austin as part of a targeted agency operation.

Last month, Gov. Greg Abbott, perhaps the most vocal opponent of Sheriff Hernandez’s ICE detainer policy, announced he was cutting $1.5 million in grants in response to her policy that limits cooperation with federal immigration officials.

There is a bill going through the Texas legislature that would force jails to hold anyone here illegally for federal authorities. SB 4 is an emergency item of Gov. Abbott’s. The two Democratic senators told KXAN they still don’t support SB 4 because they have concerns that it would lead to racial profiling, but they do say it’s time for Sheriff Hernandez to expand the list of crimes for which she’s willing to hold suspects for ICE.