AUSTIN, TX – The Texas Attorney General’s Office is reportedly planning to open an investigation into the city of Austin and, by extension, its local police force, following a policy adopted by the Austin Police Department regarding the handling of Immigration and Customs Enforcement (ICE) warrants.
This past March, the Austin Police Department (APD) updated their policy pertaining to the handling of administrative warrants, typically referred to as detainers, issued by ICE. Per the new policy, APD officers are required to contact their supervisor prior to initiating any contact with ICE regarding apparent detainers for suspects in their custody.
According to Texas Attorney General Ken Paxton’s office, the recently enacted APD policy might run afoul of SB4, which is a law passed in 2017 that prohibits cities within the state of Texas from implementing “sanctuary city” policies. Contained within the language of the law under the subsection titled “duties related to immigration detainer,” the law explicitly directs law enforcement to “comply with, honor, and fulfill the requests made in the detainer.”
In the wake of AG Paxton’s office signaling an impending investigation into the APD policy, Austin City Council Member Mike Siegel took to social media with a claim that the APD policy, and the city, are “in full compliance with the law.”
“These attacks by the disgraced Texas Attorney General only strengthen our resolve to protect and build trust with our community, with every means at our disposal,” Siegal noted in his post, adding, “The City is in full compliance with the law, and Paxton’s grandstanding does nothing to change that.”
Austin City Manager T.C. Broadnax also issued a formal statement in response to the looming investigation, saying he believes the city is in compliance with SB4 while adding that city officials “will cooperate with the Attorney General’s investigation.”
According to Broadnax, the adopted APD policy isn’t meant to deter collaborative efforts with ICE or outright prohibit the honoring of detainers, but rather “creates mechanisms that allow officers to provide reasonable or necessary assistance to ICE, while taking into consideration other legal constraints and our need to balance limited police resources in real-world situations.”
This past March, the Austin Police Department (APD) updated their policy pertaining to the handling of administrative warrants, typically referred to as detainers, issued by ICE. Per the new policy, APD officers are required to contact their supervisor prior to initiating any contact with ICE regarding apparent detainers for suspects in their custody.
According to Texas Attorney General Ken Paxton’s office, the recently enacted APD policy might run afoul of SB4, which is a law passed in 2017 that prohibits cities within the state of Texas from implementing “sanctuary city” policies. Contained within the language of the law under the subsection titled “duties related to immigration detainer,” the law explicitly directs law enforcement to “comply with, honor, and fulfill the requests made in the detainer.”
In the wake of AG Paxton’s office signaling an impending investigation into the APD policy, Austin City Council Member Mike Siegel took to social media with a claim that the APD policy, and the city, are “in full compliance with the law.”
“These attacks by the disgraced Texas Attorney General only strengthen our resolve to protect and build trust with our community, with every means at our disposal,” Siegal noted in his post, adding, “The City is in full compliance with the law, and Paxton’s grandstanding does nothing to change that.”
Austin City Manager T.C. Broadnax also issued a formal statement in response to the looming investigation, saying he believes the city is in compliance with SB4 while adding that city officials “will cooperate with the Attorney General’s investigation.”
According to Broadnax, the adopted APD policy isn’t meant to deter collaborative efforts with ICE or outright prohibit the honoring of detainers, but rather “creates mechanisms that allow officers to provide reasonable or necessary assistance to ICE, while taking into consideration other legal constraints and our need to balance limited police resources in real-world situations.”
For corrections or revisions, click here.
The opinions reflected in this article are not necessarily the opinions of LET
Comments