Travis County Sheriff Doubles Down On Preferred Law Enforcement Tactics Despite Governor's Threats

AUSTIN, TX — Despite threats from the governor related to immigration enforcement, Travis County Sheriff Sally Hernandez on Thursday reiterated her stance of limited cooperation with federal officials to help deport undocumented arrestees.

"I respect the job of our state leaders, but I will not allow fear and misinformation to be my guiding principles as a leader sworn to protect this community," Hernandez said in a prepared statement. "I am following all state and federal laws, and upholding constitutional rights to due process for all in our criminal justice system."

Gov. Greg Abbott — a vocal opponent of undocumented immigration and proponent of deportations of non-U.S. citizens regardless of criminal record — has lately launched a full court press to criticize the sheriff's softened stance. He's threatened to cut off $1.8 million in county grants as a result of the spat over enforcement tactics, and went on the Fox & Friends national broadcast to say he would explore the crafting of legislation enabling him to remove Hernandez from office if she fails to comply with his demands.

Hernandez secured the sheriff's post handily this past November, securing 60 percent of the vote in a race against a Republican challenger. Throughout her campaign, she vowed to reverse the policy of her predecessor, Greg Hamilton, who was an ardent practitioner of aiding Immigration, Customs & Enforcement (ICE) agents in their deportation efforts.

The centerpiece of such local cooperation with ICE centers on the controversial use of "detainers," whereby local law enforcement agencies hold arrested individuals suspected of being undocumented for up to 72 hours, often without charges, stemming from infractions as benign as a traffic violation. The holds allow border patrol agents enough time to get to Austin from as far away as San Antonio to fetch detainees and begin the process of deportation. In Hamilton's tenure as sheriff, Austin — which boasts of a more progressive vibe than most part of Texas — emerged as one of the nation's most prolific practitioners of ICE detainers.

Critics have invoked violations of the Constitutional right to due process in voicing their opposition to the voluntary practice. Others — including former Austin Police Department Police Chief Art Acevedo, now chief in Houston — point to the corrosive effect local ICE participation has on community policing, leading to the non-reporting of crimes among vulnerable residents for fear of having their status discovered.

Hernandez alluded to the undesired side effects of the practice, and the antithetical effect to local law enforcement: "Our community is safer when people can report crimes without fear of deportation," she said. "I trust the court system and our judges to assess the risks and set appropriate bonds and conditions for all who are incarcerated. The voters, who elected state leaders and me, expect and deserve a collaborative effort to come up with solutions to this very complex issue. That is precisely what I’m committed to."

Previously, Hernandez produced a YouTube-uploaded video to expound on her preferred law enforcement tactics. In the video, the sheriff explains that she fully cooperates with federal officials, but not without a judicial warrant or court order.

Travis County Judge Sarah Eckhardt on Wednesday urged Abbott to rethink his hard stance on the issue, listing a number of county agencies that would be in jeopardy should he follow through with cutting off grants funding.

Members of the Workers Defense Project, a nonprofit center that advocates for immigrants, staged a rally on Wednesday afternoon to show support for the sheriff's preferred tactics. Members gathered at the center's offices on Manor Road after Abbott announced he'd seek legislation to oust Hernandez from office.

>>> Photo of Travis County Sheriff Sally Hernandez via TCSO website; photo of gathering courtesy of Workers Defense Project