Texas Standoff Pits Governor Against Travis County Sheriff Over Handling Undocumented Immigrants

AUSTIN, TX — A Texas showdown of sorts has emerged in Travis County, pitting the state governor against a county sheriff over how to handle undocumented immigrants in terms of law enforcement. And neither the governor nor the sheriff appear to be backing down from their stances.

Travis County Sheriff Sally Hernandez was sworn in this month after beating Republican rival Joe Martinez by a wide margin in a November election. She ran largely on a vow to end the county's cooperation with federal Immigration and Customs Enforcement detainer requests, which dictated anyone stopped for any infraction suspected as being undocumented to be held until immigration officials could arrive from San Antonio headquarters to pick them up for deportation.

Hernandez's predecessor, Greg Hamilton (who opted not to seek reelection), distinguished himself as an enthusiastic participant in ICE detainer requests. During his term, Austin emerged as one of the nation's most prolific participants in the ICE detainer program that resulted in eventual deportation for an untold number of immigrants for even minor infractions that would otherwise be subject to an appearance before a magistrate judge.

But Austinites by and large have little appetite for mass deportations given their more progressive vibe, a blue dot in a sea of red in largely Republican Texas. Gov. Greg Abbott, however, is an avid supporter of the program and has threatened to cut off funding to the county if Hernandez persists in making Austin a so-called "sanctuary city."

On Monday, Abbott reiterated his demands for Hernandez to reverse her position — or else. He called Hernandez's stance on the issue "dangerous," "shortsighted" and "reckless," even as evidence suggests the stringent ICE-cooperating policy has an eroding effect on community policing. As a punitive step for non-compliance, Abbott said he would withhold some $1.8 million in law enforcement grants meant for the law enforcement agency.

The new sheriff's stance is "...not a pronouncement of sound public policy," Abbott wrote. "It is a dangerous game of political Russian roulette — with the lives of Texans at stake.” His assertion reiterates his vow from last year to disburse Criminal Justice Grant funds from his office only to counties strictly adhering to federal immigration laws.

"As Sheriff your primary duty is to ensure the safety of the residents of Travis County," Abbott lectured Hernandez. "However, your recent policy directive forbidding Travis County Sherriff’s Office (TCSO) employees from cooperating with U.S. Immigration and Customs Enforcement (ICE) (except in the most limited of circumstances) betrays your oath and the residents of Travis County."

Abbott urged Hernandez to reverse her position with a not too thinly veiled threat to cut off funding to her department: "I strongly urge you to reverse that policy before its effective date of February 1, 2017."

Despite Abbott's assertions, even ICE has softened its stance given a backlash against mass deportation, putting a priority on undocumented felons rather than misdemeanants. Still, Abbott — whose wife of more than 30 years is herself a granddaughter of Mexican immigrants — painted undocumented residents with the broadest of brushes in his correspondence with the sheriff.

“Your shortsighted policy ignores those astounding figures and would permit TCSO employees to comply with an ICE detainer request in only the most limited of circumstances," Abbott wrote. "Under your reckless policy, for example, dangerous criminal aliens convicted of felonies like murder; aggravated assault; human trafficking, including child sex trafficking; aggravated kidnapping; inducing sexual performance by a child or indecency with a child; dangerous gang activities; and the manufacture or delivery of deadly substances such as heroin, methamphetamine, cocaine, GHB, PCP, and ketamine will be turned loose into Travis County without permitting ICE the opportunity to collect them."

And then, he lowers the hammer: "During the pending legislative session, I will be working with the Texas legislature to do more to protect our citizens from misguided and dangerous sanctuary policies like yours," he wrote the sheriff. "Your reckless actions endangering the safety of Texans will provide powerful testimony for the need to strengthen Texas law. It will make clear that conditioning state funding on compliance with federal immigration laws is not enough. Rather, Texas must enact tough penalties that punish those who would put themselves above the law — and even above the community they purportedly serve."

For her part, Hernandez has issued a more nuanced policy statement related to ICE detainers than her predecessor practiced or the governor now demands. In accordance to that departmental policy, the sheriff's office will comply with federal immigration officials' detainer requests, she said, but only under certain conditions, including:

• When the detainer request is accompanied by a judicial warrant or court order;
• When the individual who is the subject of a detainer request is charged with or been convicted of felonies such as murder, aggravated sexual assault or human smuggling.

That said, "TCSO officials shall not conduct or initiate any immigration status investigation into individuals in TCSO custody or provide information on an inmate's release date or address to ICE," the official policy states.

As evidence of the Hernandez's ongoing compliance with ICE detainers as warranted, lists of them are updated continually on TCSO official website, the latest entries logged on Jan. 23. The entries list offenders' names, their crimes and the status of each case.

Hernandez's stance is not unlike that of former Austin Police Department Police Chief Art Acevedo, who has since accepted the same job in Houston. In a previous interview with the Austin Chronicle, Acevedo explained how strict cooperation with ICE has a detrimental effect on community policing that has trust of law enforcement as its core.

Enthusiastic cooperation with ICE, Acevedo explained, yields members of communities vulnerable to deportation are averse to reporting crimes — including female victims of sexual assaults — out of fear their status will be discovered, setting them up for deportation. The effect of this fear has an eroding effect on community policing, Acevedo explained.

Hernandez outlined similar views in a video produced to expound on her approach uploaded on YouTube:

"I want to make it clear that the TCSO will continue to work with all fellow law enforcement agencies — local, state and federal," Hernandez says on the video. "We will also continue to honor all lawfully issued warrants and hold those inmates for our fellow officers in law enforcement."

In the next breath, Hernandez suggests that position doesn't run counter to ICE's wishes. She alludes to prior stricter adherence with ICE detainers under her predecessor when detainees suspected as being undocumented would be held without charges up to 72 hours until ICE officials could fetch them — a practice that immigrant advocates posited as a suspension of due process of law as outlined in the U.S. Constitution.

"I'm committed to public safety," Hernandez said. "Under the previous detainer policy, an inmate who was charged with a crime was deported as soon as he posted bond or before his court dates. As such, the inmate never went before a court, the victim and their family never had their day in court, and the inmate's criminal record grew. This system does not foster public safety."

Abbott sees it differently, tweeting out his threat of cut off law enforcement funds for good measure.

"Stiffer penalties coming," Abbott adds cryptically, upping the ante. Read the governor's full letter to Hernandez by clicking here.

What we have here is a failure to communicate. And only time will tell if who, if anyone, will back down in this good, old-fashioned Texas standoff.

>>> Photo of Sheriff Sally Hernandez via Travis County Sheriff's Office