AUSTIN, Texas — Following the deportation of a mother and child after a 911 call in Austin, local leaders are looking to clarify how Austin police officers are supposed to interact with U.S. Immigration and Customs Enforcement (ICE).
What You Need To Know
The policy clarification comes after a mother and her 5-year-old—who is an American citizen—were apprehended by ICE officers after Austin Police Department officers responded to a 911 call she made from her home. Officers alerted ICE after seeing an “administrative warrant” in a federal database
Austin Police Chief Lisa Davis outlined that the current APD policy requires officers to comply with immigration detainer requests, but it does not specifically address administrative warrants
Four Austin City Council members released a statement condemning the actions of ICE both locally and nationally, as immigration enforcement has moved into the national spotlight following the shooting death of Renee Nicole Good by an ICE officer in Minneapolis on Jan. 7
Under state law, which was passed in 2017, the City of Austin—and any other local entities across the state—cannot prohibit police officers from cooperating with federal immigration officers. The law known as Senate Bill 4 was created to ban sanctuary cities in the state
On Wednesday, Austin Police Chief Lisa Davis sent a memo to the Austin City Council addressing the incident and clarifying APD’s current policies surrounding its cooperation with ICE.
According to the memo, on Jan. 5, a mother and her 5-year-old—who is an American citizen—were apprehended by ICE officers after Austin Police Department officers responded to a 911 call she made from her home. Officers alerted ICE after seeing an “administrative warrant” in a federal database. An administrative warrant is a formal document issued by a federal agency, such as the Department of Homeland Security, authorizing federal law enforcement to make an arrest, and it is not signed by a judge.
The pair were deported, and the incident sparked a conversation about how Austin police are supposed to interact with ICE.
Davis outlined that the current APD policy requires officers to comply with immigration detainer requests, but it does not specifically address administrative warrants. She said that the APD will update its policies to “provide clearer guidance for officers and supervisors on the handling of administrative warrants, with the goal of ensuring consistency, legal compliance and accountability.”
Davis highlighted that her department does not “proactively engage in immigration enforcement initiatives with ICE,” but state law requires APD to assist when called upon.
“As an organization, we do recognize the concern and fear these situations can create within our community. APD will continue to engage in open dialogue and meaningful policy development that follows the law and maintains the City of Austin’s core values. APD will ensure our officers have clear guidance and that our community members are heard and supported,” Davis concluded in the memo.
Four Austin City Council members released a statement condemning the actions of ICE both locally and nationally, as immigration enforcement has moved into the national spotlight following the shooting death of Renee Nicole Good by an ICE officer in Minneapolis on Jan. 7. This sparked nationwide protests, especially in Minneapolis—where President Donald Trump threatened to invoke the Insurrection Act and deploy troops.
“We wholeheartedly condemn the actions of ICE, both nationally and here in our own city. ICE has repeatedly shown they are a malicious agency acting without accountability, and they should have no place in Austin. As City leaders and community members, we must be in solidarity with one another to defend our democracy and protect the civil rights of everyone who calls Austin home,” the council members’ statement said.
The group, which comprised Council members Krista Laine, Mike Siegel, Paige Ellis and Zo Qadri, went on to say that they had been in discussions with APD leadership and community advocates since they had heard about the situation with the deported mother and child.
Under state law, which was passed in 2017, the City of Austin—and any other local entities across the state—cannot prohibit police officers from cooperating with federal immigration officers. The law known as Senate Bill 4 was created to ban sanctuary cities in the state.
In a memo to the Austin City Council, the City Attorney’s Office gave a review of how SB 4 might apply to the city’s operations and cooperating with immigration authorities. Council member José “Chito” Vela told KUT News that he expects the memo will shape APD’s policy, which will be finalized soon.
The memo gives an analysis of SB 4, saying it prevents local leaders from stopping peace officers and other employees from cooperating or communicating with federal immigration officials.
“SB 4 does not, in general, describe what kind of information local law enforcement and other personnel must provide to federal immigration officials—it simply says that cities and other local entities cannot stop or materially restrict their police officers or other local officials from cooperating,” the memo explained.
The four council members said that while APD develops its policy, they will be working with city staff and the community to align it with the city’s values.
“Our understanding is that these revisions will ensure that APD officers know that administrative warrants are discretionary, non-judicial requests by ICE. These revisions will also ensure that our limited public safety resources will not be used to enforce ICE administrative warrants at the expense of critical services that keep people safe,” the statement said.
The group continued, saying, “What’s the law is not always the same as what’s right. We know these ICE deportations are wrong. They are intended to frighten. Please know we stand with you in resistance to this inhumanity. Know your rights. Know your neighbors. And know that Austin City Council is fighting for you.”