Where the Austin Area Stands With ICE Partnerships

Back in January, the Austin Police Department summoned U.S. Immigration and Customs Enforcement authorities to an Oak Hill home when they had no legal obligation to do so. As a result, Karen Gutiérrez Castellanos and her U.S. citizen daughter were deported to Honduras. 

APD officers’ decision to call ICE when they encountered an administrative warrant – which, unlike judicial warrants, are not signed by a judge – led to widespread outcry in Austin against further collaboration between local police and ICE, communicating degrading trust between the public and the law enforcement that’s supposed to keep them safe. 

“We have already seen that distress and that fear in the community, and how that’s been playing out in ways like not going to the doctor, not seeking aid, or the drop in school enrollment that we’ve seen over the last year,” Sarah Cruz, border and immigrants rights strategist at the ACLU of Texas, told the Chronicle.

Pressured by public scrutiny, APD released a policy in March barring officers from arresting or detaining someone on the sole basis of a non-criminal administrative ICE warrant. But at the county level, state law (Senate Bill 8) requires most Texas sheriffs to enter their department into at least one form of partnership with ICE, called a 287(g) agreement, before a Dec. 1 deadline.

But far ahead of the deadline, most counties in Texas have already signed 287(g) agreements, including some in the Austin area, as recently as April 7.

Two types of the agreements limit local officers’ immigration enforcement to within the county’s jails: Warrant Service Officer, which allows local officers to serve immigration warrants to individuals incarcerated in local jails; and the Jail Enforcement Model, which allows local officers to serve immigration warrants, interrogate people in local jails about their status, issue detainers, and transport to ICE detention centers.

A third agreement, the Task Force Model, gives local officers most of the authorities of ICE agents as they carry out their everyday duties, with ICE oversight. This program would actually bring ICE-deputized officers out in the community.

“It lends to a distrust of law enforcement,” Cruz said. “Now, they’re avoiding going into that community. But then, what happens when they need law enforcement, whether it’s a domestic violence situation or an accident?”

Travis County Sheriff Sally Hernandez’s office has yet to sign and participate in a 287(g) agreement, but said they are considering “how each model will impact our community.” They will make and announce their decision before the Dec. 1 deadline, the office added.

“It is imperative to Sheriff Hernandez and the Travis County Sheriff’s Office that crime victims and witnesses come to us and not run away from us. Our community is less safe when … crime is not reported,” the office wrote to the Chronicle. “As we make our decisions, that is our benchmark.”

In contrast to Travis County, Bastrop County (which includes Elgin, Bastrop) and Caldwell County (Mustang Ridge, Lockhart) have demonstrated particular enthusiasm to partner with ICE. Only one agreement is required by law, but the two sheriffs have signed on to both the Warrant Service Officer and Task Force Model partnerships for their counties, with those programs now in effect. 

The Chronicle asked Bastrop County Sheriff Maurice Cook why he signed his department on to the Task Force Model as a second partnership with ICE, unrequired by law. His response was brief: “Why not?”

Bastrop County Sheriff Maurice Cook Credit: Maurice Cook / Facebook

“Why not?”

Bastrop County Sheriff Maurice Cook when asked why he signed a second partnership with ICE

Cruz noted that many Texas counties are signing up for two or all three programs. “I really don’t know their reasoning. I’m not sure if it’s to take a harder stance on immigration,” Cruz said, adding that some might be hoping for additional federal funding.

North and east of Austin, the Williamson and Burnet County sheriffs have signed on to the Warrant Service Officer agreement as of last September, and west, Blanco County adopted the Jail Enforcement Model in February.

County constables aren’t explicitly required by state law to partner with ICE, and yet the constables of Caldwell Precinct 2 and Blanco Precinct 4 have both signed their departments on to the Task Force Model, on Feb. 10 and April 7, respectively.

Local police departments aren’t required to partner with ICE either, and yet over 50 police departments across the state have voluntarily signed on to agreements as of April 8.

Something important to note, Cruz added, is that law enforcement agencies can nominate and train anywhere from one officer to every officer in the department to participate in their 287(g) agreement, and Task Force Model nominees must have at least two years of experience. 

Another is that 287(g) agreements can be costly to local governments. Back in 2017, Harris County Sheriff Ed Gonzalez reportedly terminated his county’s 287(g) agreement to reroute the $675,000 spent annually on the program to other department priorities, according to the American Immigration Council.

While SB 8 does create population-dependent grants for counties that sign 287(g) agreements and subsidizes nominated Task Force Model officers’ salaries and benefits, Cruz noted that the funding doesn’t always cover the total expense of the agreement, placing the bill for immigration enforcement on the locality.

“Maybe that’s the case for these initial onboarding costs. … But what happens after that, when they have to continue the program after funding has lapsed?” Cruz asked. 

The cost of the program is a concern for Travis County. “We are also considering how much additional staffing will be required, which includes the cost of equipment: vehicles, uniforms, computers, radios, etc.,” the office wrote.

Cruz has heard Texas residents say they won’t drive through areas that have adopted the Task Force Model. 287(g) agreements place law enforcement in a position to racially profile their constituents, Cruz emphasized, disproportionately harming Latino and Black communities.

“That raises alarms for a lot of community members. … We have seen how this increase of [immigration] enforcement doesn’t just affect people who are undocumented or in mixed status families, but it impacts us citizens,” Cruz said. “It would impact all Texans.”

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