Recommendation 20260202-003: Austin Police Department's involvement with United Stated Immigration & Customs Enforcement (ICE) — original pdf

Recommendation

COMMISSION RECOMMENDATION Human Rights Commission Recommendation Number (20260202-003): Recommendation to City Council regarding Austin Police Department’s involvement with United States Immigration & Customs Enforcement (ICE): WHEREAS, The Human Rights Commission advises the City of Austin on policies that protect civil rights, prevent discrimination, and promote fair and equitable treatment of all Austinites; and WHEREAS, public safety depends on trust between the community and local law enforcement, especially for victims who must feel safe calling 911 and reporting crimes; and WHEREAS, civil immigration enforcement is the responsibility of the federal government through U.S. Immigration and Customs Enforcement (ICE), not our local police departments; and WHEREAS, when local law enforcement become involved in civil immigration matters, community members are less likely to seek help or report crimes due to fear; and WHEREAS, in January 2026, the Austin Police Department (APD) transferred a mother and her young child to ICE after responding to a disturbance call, raising widespread public concern about APD policies and practices; and WHEREAS, APD leadership has expressed that department policies related to ICE contact are under review; and WHEREAS, City legal guidance has acknowledged that Texas law under Senate Bill 4 limits the City’s ability to prohibit all cooperation with federal immigration authorities, but it does not require cities to expand local policing into civil immigration enforcement; and WHEREAS, Mayor Pro Tem Vela has stated that while a blanket prohibition on ICE contact is restricted by state law, the City retains discretion to adopt certain policies that prioritize public safety and community trust; and WHEREAS, such policies could include clear guidance which ensures that ICE notifications occur rarely, require supervisory approval, and be limited to cases involving serious or violent offenses; and WHEREAS, publicly available information shows that APD has contacted ICE numerous times in recent years based on administrative immigration warrants, raising concerns about consistency, transparency, and impacts on community trust; and WHEREAS, residents across Austin and Texas have expressed significant concern about the actions of ICE on civil liberties, including through public demonstrations and walkouts; and WHEREAS, research has shown that increased partnership between local police and federal immigration enforcement is associated with reduced crime reporting, weakened police– community relationships, and negative public safety outcomes; and WHEREAS, local government has a responsibility to protect civil liberties, maintain public trust, and act in the best interests of the people it serves; NOW, THEREFORE, BE IT RESOLVED That the Human Rights Commission recommends the Austin City Council consider the following actions: 1. Publicly affirm that APD’s primary responsibility is local public safety and criminal law enforcement, and that civil immigration enforcement is not a municipal function. 2. Limit ICE involvement to only what is required by law. Direct APD to comply with state law while minimizing discretionary involvement with ICE. 3. Set clear standards for administrative immigration warrants. Establish guidance stating that APD officers should not arrest solely on administrative immigration warrants, without a judicial warrant or other criminal legal authority. 4. Require APD officers to obtain approval from their supervisors, with written justification, for any ICE contact initiated by APD. 5. Increase transparency and oversight. Provide for regular public reporting to City Council and the Human Rights Commission on APD interactions with ICE. BE IT FURTHER RESOLVED The Human Rights Commission affirms that compliance with state law does not require expanding local policing into federal civil immigration enforcement, and that the City of Austin should use its lawful discretion to protect civil rights for all. Date of Approval: February 2, 2026 Motioned By: Commissioner Aslam Seconded By: Commissioner Kirsh-Pozen Vote: 9-0 For: Chair Duhon, Commissioners Aslam, Morgan Avitia, Bryant, Davis, Kirsh Pozen, Krueger, Khawar, and Oliva-Martínez. Against: None Abstain: None Off the dais: None Absent: Vice Chair Zeidan Attest: _____________________________________________ (Ryan Sperling, Staff Liaison)