The lawyer for a man charged with sexually assaulting a child, who was held by Immigration and Customs Enforcement (ICE), confirmed Thursday that the man is actually in the country legally.

Hugo Gallardo-Gonzalez, 31, was charged with sexually assaulting a 9-year-old girl over a period of two years. Austin police charged him last month with sexual assault.

Jail staff at first didn't honor an ICE detainer. After getting more information about the charges against him, they decided to keep him for ICE after all, in addition to increasing his bond by $200,000.

This week, State Senator Dawn Buckingham and other lawmakers once again called for Sheriff Sally Hernandez to fully comply with ICE, citing Gallardo-Gonzalez's case as a prime example.

So, is the ICE detainer on Gallardo-Gonzalez legal?

ICE says they use detainers to investigate whether an inmate is here legally. Gallardo-Gonzalez and his attorney, Roy Espersen, says they are fighting the case.