Austin police announce policy update related to ICE warrants

APD said the change follows a disturbance call in southwest Austin that prompted concerns from the community over ICE procedures.

AUSTIN, Texas — Austin Police Chief Lisa Davis on Wednesday released a memo to Mayor Kirk Watson and City Council outlining updated policies for how officers handle U.S. Immigration and Customs Enforcement (ICE) warrants.

The change follows a disturbance call on Jan. 5, 2025, in the 6100 block of Blue Stem Trail in southwest Austin, where officers determined the caller had an active administrative ICE warrant. Police said the incident raised community concerns about Austin Police Department’s (APD) ICE procedures and its cooperation with federal authorities.

Davis noted in January that Senate Bill 4 -passed in 2017- bars policies limiting local police cooperation with federal immigration authorities. She said while APD must assist if requested by ICE, the department does not proactively enforce immigration laws.

APD said its previous policy treated ICE warrants in a way that made them appear similar to criminal warrants in its system. The updated policy now more clearly defines federal criminal warrants and ICE warrants, clarifying how officers should handle ICE warrants.

According to the memo, if there is no arrestable criminal charge associated with a person who has an ICE warrant, the officer will notify a supervisor. The officer or supervisor may then, but is not required to, contact the ICE Law Enforcement Law Service Center to verify the warrant. 

If ICE asks APD to detain the person until agents arrive, the officer or supervisor must contact the watch lieutenant, who will decide whether APD has enough resources at that time to keep the officer on scene.

Police said the watch lieutenant must consider factors including: the availability of APD resources; whether providing assistance would help stop criminal activity; whether it could affect potential criminal prosecution, including when the person is a victim or witness; whether it would create unreasonable overtime costs; and the urgency of the request.

The watch lieutenant will then brief the duty commander, who will make the final decision on whether APD remains on scene.

APD said the changes are meant to give officers more clarity, ensure compliance with state law and maintain supervisor oversight. 

Along with the update, APD launched a website that aims to help immigrants understand their rights with resources available from the city.