Austin to Update Police Cooperation Rules With ICE in January

Austin Police Department Redrafts ICE Cooperation Protocols

Austin is moving to recalibrate how its police force interacts with federal immigration authorities. Following the election of Governor-elect Gina Hinojosa, Mayor Kirk Watson announced on Friday that he has directed Austin Police Chief Lisa Davis to draft new internal policies governing cooperation with U.S. Immigration and Customs Enforcement (ICE). The move marks a significant pivot from the current, often contentious, relationship between the city and state leadership regarding immigration enforcement.

The directive, shared via the Austin City Council message board, aims to ensure that local police general orders remain current and aligned with the city’s values as the administration in the Texas Capitol transitions from Governor Greg Abbott to Hinojosa this coming January. For the Austin Police Department (APD), this represents the third major policy shift regarding ICE collaboration within the last year, highlighting the volatile nature of local immigration enforcement in a state where federal and local priorities frequently clash.

The Shift in State-Local Relations

The backdrop for this change is a year defined by shifting rules and external pressure. Earlier this year, the city adjusted its policies in response to public outcry following the arrest and deportation of a Honduran woman and her five-year-old daughter after a routine interaction with APD. Subsequent threats from Governor Abbott to withhold state funding led to further modifications, forcing the department to navigate a path between local preferences and state mandates.

Texas state capitol south facade courtesy of the texas state preservation board for acvb use only

Mayor Watson stated he expects the transition to a Democratic administration in the Texas Capitol to ease the pressure on local agencies. “With the change in state leadership, I anticipate being able to better partner with the state on issues and without threats and undue pressure on local decisions, including those related to civil immigration enforcement,” Watson said in his statement.

Houston Mayor John Whitmire has initiated a similar policy review, signaling a broader trend among major Texas cities as they prepare for a new regulatory environment. The goal for Austin, according to the mayor, is to address what he described as a “policy of fear” that has impacted the local community throughout the year.

Operational Realities and Legal Boundaries

Despite the planned policy updates, the city remains constrained by existing state law. Senate Bill 4, which prohibits local jurisdictions from establishing “sanctuary city” policies or preventing law enforcement from cooperating with federal immigration agents, remains in effect. Mayor Watson confirmed that the city will continue to follow this state law while seeking to maximize its own discretion within those boundaries.

Currently, the department maintains a policy of notifying ICE when an individual in custody is accused of a violent crime or has an outstanding warrant. However, the internal rules regarding administrative warrants—those issued for noncriminal immigration violations—have been the primary point of contention. Current protocols instruct officers to contact ICE regarding these administrative warrants only “when operationally feasible.”

Austin Police Department updating policy on cooperating with ICE | FOX 7 Austin

The stakes for the community are high. For many residents, the ambiguity of these policies has dictated everyday interactions with local law enforcement. By formalizing these guidelines, the city is attempting to provide clarity to officers while simultaneously attempting to mitigate the anxiety felt by immigrant communities who fear that local police encounters could lead to federal deportation proceedings.

“Many Austinites in our community live in real fear—fear created not by local government but by other levels of government. Austin has worked to mitigate that fear, and wherever we can, eliminate it,” Mayor Kirk Watson said.

As the January transition approaches, the focus for the Austin Police Department will be on finalizing these general orders to ensure they are both legally compliant under state law and reflective of the city’s stated goal of fostering trust between the police and the diverse communities they serve. While the political landscape at the state level is poised for a significant shift, the tension between federal immigration enforcement and local police procedure remains a complex issue that continues to evolve in real-time.