The Attorney General of Texas, Ken Paxton, has initiated an investigation into the Austin Police Department’s (APD) updated policies regarding cooperation with Immigration and Customs Enforcement (ICE). This development comes after the APD defended its revised approach to handling certain arrest warrants involving undocumented individuals.
In a statement released on Monday evening, the APD affirmed its commitment to cooperating with the attorney general’s inquiry, asserting that its policies are in alignment with state law. A spokesperson for the city emphasized that the guidelines establish procedures for officers to provide appropriate assistance to ICE while considering legal limitations and the need to balance finite police resources in practical scenarios.
Attempts to obtain a comment from the attorney general’s office regarding the investigation have not yet yielded a response.
The APD’s policy underwent adjustments in March aimed at minimizing ICE’s involvement in local law enforcement activities. Under the new guidelines, officers are required to obtain supervisory approval before contacting ICE regarding individuals suspected of being in the country unlawfully, particularly in cases where only an administrative warrant is present. However, cooperation with ICE is mandated when an undocumented individual faces criminal charges.
Additionally, a state law known as Senate Bill 4 prohibits cities from implementing policies that would hinder police collaboration with ICE.
Austin City Council Member Chito Vela expressed confidence that the city’s policy adheres to state law. He stated, “My office worked very carefully with the City Attorney’s Office and consulted experts on SB4 to ensure APD policy fully complies with both state laws and the U.S. Constitution. I firmly believe any good-faith investigation will confirm that.”
