Item 7 - Austin Police Memo - Cooperation with Federal Immigration Authorities Under SB 4 (2017) — original pdf

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MEMORANDUM To: Mayor and City Council Through: Jon Fortune, Deputy City Manager From: Date: Chief Lisa Davis, Austin Police January 14, 2026 Subject: Cooperation with Federal Immigration Authorities Under SB 4 (2017) The purpose of this memorandum is to address questions Austin Police (APD) has received from City Council members and our community regarding officers’ cooperation and information sharing with U.S. Immigration and Customs Enforcement (ICE) during calls for service. This memorandum clarifies APD’s current policies and outlines the legal restrictions resulting from Senate Bill 4 (2017) (SB 4). Background – APD Response to Disturbance Call On Monday, January 5, 2026, at 4:35 a.m., APD officers responded to a disturbance call in the 6100 block of Blue Stem Trail. During the investigation, officers identified information suggesting that the individual who placed the call may have committed or been involved in a criminal offense. As part of the investigative process, it was discovered that the individual had an active administrative ICE warrant. Following notification, ICE assumed custody of the individual. At no point did APD officers inquire about the individual’s immigration status. It must also be noted that the individual involved had a five-year-old child. This incident garnered significant media attention which has prompted questions and concerns from community members and City leadership regarding APD’s policies, procedures, and required level of cooperation with federal authorities including ICE as outlined in SB 4 (2017) and APD General Orders. Current APD Policy APD General Order 318.3.4 provides guidance on how officers should respond when notified of immigration detainer requests. Officers are required by law to comply with immigration detainer requests. The policy, however, does not specifically address administrative warrants. Officers have not regularly come across administrative warrants in the National Crime Information Center (NCIC) database which is used to conduct identity checks. In 2025, federal agencies began entering a large volume of administrative warrants into NCIC. Administrative warrants are formatted and look similar to criminal warrants in the system. The administrative warrant directs the officer to contact Page 1 of 2 Date: Subject: January 14, 2026 Cooperation with Federal Immigration Authorities Under SB 4 (2017) a phone number for “immediate hit confirmation and availability of Bureau of Immigration and Customs Enforcement detainer.” This language, especially mention of a detainer, can cause confusion. Restrictions of SB 4 SB 4 (2017) prohibits policies that restrict communication or reasonable cooperation with ICE. Within the legal constraints, officers may exercise discretion, guided by existing policy and supervisory direction, when encountering administrative warrants. SB 4 significantly limits APD’s ability to systematically decline cooperation when federal immigration authorities request assistance. Conclusion and Next Steps APD is currently reviewing General Orders and will update the policy to provide clearer guidance for officers and supervisors on the handling of administrative warrants, with the goal of ensuring consistency, legal compliance and accountability. As with all policy updates, officers are required to read and acknowledge receipt of these changes. There are circumstances in which state law requires APD to assist when called upon; however, APD does not proactively engage in immigration enforcement initiatives with ICE. Federal and state legal mandates do not lessen our responsibility to act with professionalism, compassion, and respect for the dignity of every person we encounter. As an organization, we do recognize the concern and fear these situations can create within our community. APD will continue to engage in open dialogue and meaningful policy development that follows the law and maintains the City of Austin’s core values. APD will ensure our officers have clear guidance and that our community members are heard and supported. Should you have any questions or concerns, please contact me at Lisa.Davis@austintexas.gov. cc: T.C. Broadnax, City Manager Erika Brady, City Clerk Jason Hadavi, City Auditor Mary Jane Grubb, Municipal Court Clerk Judge Sherry Statman, Municipal Court CMO Executive Team Department Directors Page 2 of 2