Gov. Greg Abbott is threatening to withhold $2.5 million in funding from Austin, claiming APD’s policy on ICE warrants may breach state safety agreements.

AUSTIN, Texas — Texas Gov. Greg Abbott is threatening to withhold $2.5 million in state funding from Austin over a new Austin Police Department (APD) policy, claiming it may violate state immigration law.

In a letter sent to Austin Mayor Kirk Watson on Thursday, the governor told city leaders that the recently adopted policy on how police deal with Immigration and Customs Enforcement (ICE) administrative warrants may violate public safety grant agreements with the state to assist with immigration enforcement.



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Under the policy, 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.

“A city’s failure to comply with its contract agreement with the state to assist in the enforcement of immigration laws makes the state less safe. It can have deadly consequences. Cities in Texas are expected to make the streets safer, not more deadly,” Andrew Mahaleris, a spokesperson for the governor’s office, said Thursday.

KVUE reached out to the city of Austin for a response to the governor’s letter, but we have not yet received a response. The governor’s office has given the city until April 23 to respond to the letter and potentially modify the policy.