Three San Antonio City Council members want to restrict when local police contact federal immigration authorities, joining a push by leaders in Houston and Austin to reconsider those policies after Democrats swept statewide elections in Texas.
Council members Teri Castillo (D5), Jalen McKee-Rodriguez (D2) and Ric Galvan (D6) submitted a memo Nov. 6 requesting a special meeting to consider an ordinance limiting San Antonio Police Department cooperation with U.S. Immigration and Customs Enforcement. They want the meeting convened no later than 2 p.m. Nov. 17.
Under their proposal, SAPD officers would contact ICE about someone only if that person is already going to jail on new charges or other warrants and a national law enforcement database shows an ICE administrative warrant.
An ICE administrative warrant is issued by immigration officials for civil immigration enforcement, rather than by a judge in a criminal case. It does not, by itself, mean someone faces criminal charges.
The proposed ordinance says being subject to immigration enforcement — or being suspected of it — would not alone justify contacting ICE, extending a detention or taking someone into custody. Officers would also be prohibited from holding someone in the field solely for ICE to pick them up.
“We’re asking that our city manager have a conversation and direct our police chief to essentially deprioritize detaining and contacting ICE for individuals that may be stopped by PD for a low-level crime that typically does not result in an arrest,” Castillo said.
She said the proposal is intended to ease fears that a routine encounter — like a traffic stop — with local police could lead to immigration detention.
“Many of our families do fear that they will be pulled over for something minor that could result in detainment and the contact of ICE,” Castillo said.
Castillo said parents and community leaders have raised concerns about immigration enforcement and its effects on families’ daily lives.
The request comes as leaders in other major Texas cities move to reconsider police cooperation with ICE following the Nov. 3 elections.
In Houston, Mayor John Whitmire ordered police to stop notifying ICE solely because someone has a civil immigration warrant. Under that policy, officers may notify ICE if the person is also being arrested for a jailable offense.
Whitmire said he consulted with the incoming governor, lieutenant governor and comptroller before issuing the order. Earlier this year, Houston officials retreated from a proposed change after Gov. Greg Abbott threatened to withhold at least $110 million in public safety grants, according to Reuters.
Castillo pointed to changes in Houston as a model for San Antonio.
In Austin, Mayor Kirk Watson also announced plans to revise his police department’s rules, asking Chief Lisa Davis to prepare a policy for when Gov.-elect Gina Hinojosa takes office in January.
Austin had previously changed its ICE cooperation policies following a threat from Abbott to withhold state funding. Watson said the incoming administration offers an opportunity to make local decisions without those threats.
While cities have taken action following the political shift, state laws like Senate Bill 4 — which restricts local policies that limit cooperation with federal immigration authorities — remain in place.
Asked about the current administration remaining in office and the possibility of another funding threat, Castillo said local officials have a responsibility to act on residents’ concerns.
“The typical threats that we’ve received from the state come January will be a thing of the past,” she said.
The three council members’ memo explicitly links their request to changing leadership, saying state mandates and practices requiring cooperation with ICE under threats of lost funding “will presumably be impacted” by the change.
The memo asks the city manager’s and city attorney’s offices to bring an ordinance before the council. If approved, the city manager would work with the police chief to implement the policy, including guidance on when officers may contact ICE and how those contacts would be documented.
This story first appeared in the San Antonio Report.