Recommendation Number 20260127-007: Public Safety Practices, Constitutional Policing, and Community Trust — original pdf

Recommendation

RECOMMENDATION TO COUNCIL Hispanic Latino Quality of Life Resource Advisory Commission Recommendation Number 20260127-007: Public Safety Practices, Constitutional Policing, and Community Trust Date of Approval: January 27, 2026 Recommendation The Hispanic or Latino Quality of Life Resource Advisory Commission recommends that the Austin City Council adopt policies that strengthen public safety, protect constitutional rights, and ensure that all residents can seek emergency assistance and interact with law enforcement without fear or hesitation. Description of Recommendation to Council Based on input from community advocates and residents, concerns have been raised about public safety practices that affect officer safety, constitutional rights, and community trust, particularly in Hispanic and Latino communities. Advocates emphasized the importance of evidence-based public safety strategies that reduce escalation, support lawful decision making, and maintain a clear distinction between local public safety functions and federal immigration enforcement. Advocates also highlighted the need for robust constitutional law training and practical tools to support officers in the field, as well as concerns regarding the use of surplus military equipment in civilian policing. Rationale Community members report that fear of immigration enforcement can discourage residents from calling 911, reporting crimes, or cooperating with law enforcement, which undermines public safety for everyone. Policing practices grounded in constitutional law, discretion, and proportionality reduce harm, protect civil liberties, and strengthen community trust. Advocates identified the value of crisis intervention teams, mental health response, human trafficking response, and force review processes in improving officer safety and preventing escalation. Advocates also emphasized that accessible legal guidance, including quick reference materials in patrol vehicles, can support lawful decision making and reduce civil rights violations. Concerns were raised that military grade equipment designed for combat environments can erode community trust and conflict with community centered public safety approaches. Recommendation NOW, THEREFORE, BE IT RESOLVED that the Hispanic or Latino Quality of Life Resource Advisory Commission expresses support for the following positions. 1. Local public safety functions should remain clearly separate from federal immigration enforcement activities, including opposition to participation in 287(g) agreements and opposition to accepting funding from a 287(g) source. 2. Policing policies and practices should prioritize constitutional rights, lawful discretion, and alternatives to arrest in nonviolent situations. 3. The Austin Police Department should expand and institutionalize constitutional law training at the police academy and through continuing education, including training on Fourth and Fifth Amendment protections, qualified immunity, and the impacts of arrests and jail bookings on families and communities. 4. Patrol vehicles should be equipped with clear and accessible quick reference guides on constitutional rights, legal standards, and qualified immunity to support lawful decision making in the field. Additionally, patrol vehicles should have information about local city supported and nonprofits, including but not limited to immigration legal service providers to provide to community members. 5. The Austin Police Department should end participation in the federal 1033 Program that transfers surplus military equipment to local law enforcement, and if participation continues, the City should ensure full public disclosure of all military grade equipment and establish clear and enforceable limitations on its use. 6. The Austin Police Department should be prohibited from collecting or sharing immigration- related information unless explicitly required by law. 7. The City of Austin should adopt and clearly communicate policies affirming all residents regardless of immigration status, can seek emergency assistance, report crimes and access city services without fear of immigration enforcement or sharing information with federal immigration authorities, except where explicitly required by law. 8. The City of Austin should require regular public reporting of all communications or coordination between and city departments including APD, and federal law enforcement agencies related to federal immigration enforcement to the extent permitted by law. 9. The Austin Police Department should ensure that victims and witnesses of crimes are not questioned about their immigration status during an incident or investigation. Motioned By: Commissioner Morales Seconded By: Vice Chair Ramos Vote: 8-0 For: Chair Afifi, Commissioners Castañeda, Flores, Galvan, Morales, Perales, Ramos, and Ruiz Against: None Abstain: None Off the dais: None Absent: Commissioners Moya Fábregas and Peña Attest: Christi Vitela Staff Liaison