ICE Agent Claims Undocumented Immigrant Tried Grabbing His Gun During North Austin Stop [Video]

AUSTIN, TX — The Immigration and Customs Enforcement agent reportedly injured in North Austin during a scuffle with a presumably undocumented resident claims the detainee was reaching for the agent's gun, prompting an emergency call to Austin police for assistance, the police chief said in news conference on Friday following the incident.

Interim Police Chief Brian Manley staged the afternoon press conference to provide further details on the incident involving the ICE agent Friday morning. The encounter along the 13000 block of U.S. North 183 occurred at 6:05 a.m. amid reports of bolstered ICE enforcement efforts in Austin.

During Friday morning's incident, the ICE agent attempting to detain an undocumented resident dialed 911 to report the man was trying to access his firearm, Manley said. As a result, Austin Police Department officers responded to the scene to assist the federal agent, Manley said.

"Some level of fight or resistance was going on," Manley said. "There were several different descriptions going on, so we dispatched this as an 'officer needs assistance' call not knowing what was going on."

Manley said the ICE agent making the claim used variations of the phrase related to the alleged contact with the firearm, including "the suspect is touching his gun," "grabbing his gun," "pulling on his gun," Manley said.

Manley noted the detention was not a joint operation with APD, but police responded as they always would on a call of a fellow officer requiring assistance: "We were not a part of that initial stop," Manley said. "We were not aware that an operation was going on."

Another ICE agent immediately showed up to assist the initial one making the stop, Manley said. The agent making the initial stop was taken to the hospital, but his injuries or level of distress were unknown, he suggested.

"When our officers did arrive, there were several agents from ICE on the scene," the interim police chief said, "the individual that was under arrest and there was a small gathering of four or five individuals under arrest also."

Among the group were two females that Austin police learned had arrest warrants for previous open container violations, prompting officers to place them under arrest. One of the women was first transproted to the hospital as a precaution given a preexisting medical condition before joining the other female detainee at the Travis County Jail, Manley said.

Asked if police have advance notice of ICE raids, Manley said the federal agency has jurisdiction over Austin and do not have to alert local police when they conduct searches of undocumented residents. He also said police don't have the names of those arrested during the ICE detention, referring reporters to the agency for additional information.

Manley took the opportunity to let members of the undocumented community know that local police are not concerned with their immigration status, but place their focus on fighting crime. He referenced the years of work the APD has undertaken in fostering trust of the police, suggesting he wouldn't want to see that trust eroded through aggressive enforcement of federal immigration laws by local police.

Manley's predecessor, former Police Chief Art Acevedo, now the chief of police in Houston, placed a currency on building such community trust by taking a more nuanced approach to immigration enforcement focused on high-level criminals rather than the undocumented community at large. Many other law enforcement leaders — including Travis County Sheriff Sally Hernandez — have adopted similar approaches, citing the erosion of trust in police amid aggressive enforcement.

That softened approach has raised the ire of Gov. Greg Abbott, who recently stripped the county of grant monies on which officials depended in providing community programs. The agencies affected by the sudden shortfall were part of his punitive measure despite their work being unrelated to law enforcement.

Abbott has since threatened to explore ways of removing sheriffs he sees as non-cooperative with ICE from elected office. Senate Bill 4 which he has championed is on its way to the Texas House of Representatives, aimed at banning so-called "sanctuary cities" mirroring his own moves to compel cooperation with ICE as part of his political agenda.

Despite the governor's recent demands for ICE compliance, Manley reiterated the policy of the Austin Police Department that focuses on crime rather then enforcement of federal immigration policy.

"This obviously has created a level of concern and heightened fear in our community," Manley said about the bolstered ICE enforcement in Austin. "The Austin Police Department remains committed to keeping our community safe for all of our residents regardless of your citizenship status."

The stance is less an altruistic one than it is one of community policing. Data indicate that undocumented residents — even victims of rape — are typically averse to reporting crimes for fear their undocumented status might be discovered, setting them up for deportation.

Reaching out to the migrant community during his press conference, the interim chief sought to assuage such concerns as it relates to his rank and file.

"We are not concerned about citizenship status," he reiterated. "We're concerned about criminal activity. As we have said before and will continue to say, if you are in Austin and you are committing crime, then yes, you need to worry about the Austin Police Department coming after you. If you are in Austin and not committing crime, then that is not a concern you need to have."

He urged undocumented residents to report crime in their communities without fear of their deportation: "It's very important we don't lose the trust that we have worked so hard to build over the years with the community, regaredless of their citizenship status in this day and age," Manley said. "I just really want to reach out to the immigrant community and reaffirm that we are here for you as we are for everybody else in our community.

"We want you to come forward if you have information about crime — if it's a crime in your neighborhood, if it's a rime you are witness to or if you yourself have been a victim of crime," Manley said. "It's important you come forward and let us know because that is the only way we can keep the community safe for everyone."

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