After an intense week of back-and-forth communications between Texas Gov. Greg Abbott and local officials in Austin regarding Travis County Sheriff Sally Hernandez’s policy of honoring only lawfully obtained immigration detention requests, Abbott made good on a threat to yank from the county $1.5 million in criminal justice-related grants.
“As sheriff your primary duty is to ensure the safety of the residents of Travis County,” Abbott wrote to Hernandez in a January 23 letter threatening to cut off the funds if she failed to reverse course. “However, your recent policy directive forbidding Travis County Sheriff’s Office (TCSO) employees from cooperating with U.S. Immigration and Customs Enforcement (ICE) … betrays your oath and the residents of Travis County.”
At direct issue is a decision by the newly elected Hernandez to discontinue her predecessor’s policy of honoring all ICE-issued immigration detention requests under an Obama-era program — known variously as Secure Communities (S-Comm) or the Priority Enforcement Program (PEP) — that saw deportations in the U.S. skyrocket and that has drawn the ire of immigrant rights advocates and the courts. Under the previous sheriff, Austin ranked third in the nation for its deportation rate.
Under the detainer program, fingerprints collected by local jailers are shared with immigration authorities via the FBI. If ICE gets a hit on a person believed to be in the country illegally, the agency would request that the local jail hold the person until agents came come pick them up — even if the detention would extend beyond the legal term of incarceration or after the person has made bail. Jurisdictions that have refused to honor such detainers have been dubbed “sanctuary cities.”
In a string of court cases, judges have found that the ICE detainers run afoul of Fourth Amendment protections against unlawful detention absent probable cause, rendering them unconstitutional.
Indeed, in a video posted online on January 20, Hernandez explained that under the revised policy, her office would “honor all lawfully issued warrants and hold those inmates for our fellow officers in law enforcement,” she said. “I am committed to public safety.”
The nuance was apparently lost on Gov. Abbott, who took to Twitter to denounce Hernandez’s position: “The Governor’s Office will cut funding for Travis County adopting sanctuary policies,” he wrote. “Stiffer penalties coming.” And in the following days he repeatedly attacked Hernandez’s position, also threatening to pursue legislation that would somehow oust duly elected officials who refuse to comply with ICE requests.
In his January 23 letter, Abbott went on to explain that his “primary duty as governor is to ensure the safety and security of Texans.” Consequently, he wrote, he decided last year to condition the granting of criminal justice funds “on a commitment to enforce federal immigration law,” which he claimed Hernandez’s policy was rejecting. “Unless you reverse your policy prior to its effective date” — February 1 — “your unilateral decision will cost the people of Travis County money that was meant to be used to protect them.”
Despite the threats, Travis County officials remained unbowed. “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 statement. “I am following all state and federal laws, and upholding constitutional rights to due process for all in our criminal justice system.”
In a January 25 letter responding to Abbott, the county’s top administrator, County Judge Sarah Eckhardt, wrote that she hoped the two could come “to reasonable accommodation on law and policy.” She explained that the grant funds — $1.8 million in total, of which $1.5 million had not yet been delivered to the county — go for programs that “serve women, children, families and veterans. They are unrelated to immigration and none are under the management of the Sheriff’s Office.”
Among the programs that would be impacted, she explained, is a special jail-diversion program for veterans suffering from post-traumatic stress disorder and traumatic brain injury, a drug treatment court program targeting families involved with Child Protective Services, and a juvenile probation department program that provides therapy to children who have experienced trauma. “The success of these programs and others not listed … which you have supported lowers the burden on state jails, the foster care system and so many other state responsibilities,” she wrote. “None of these programs you seek to cut have anything to do with immigration.”
Abbott’s response, via a letter written by Camille Cain, executive director of the governor’s Criminal Justice Division, was single-minded: “I too am hopeful that we can reach a reasonable resolution of this matter,” Cain wrote. “But our office’s criminal justice grants must be used to uphold the justice system and cannot be wasted on local governments intent on undermining it.”
And it appears the state will attempt to withhold additional funds, including those not at all related to criminal justice, a move that is legally questionable. In a separate letter written January 26, Abbott’s budget director, Steven Albright, requested that the heads of all state agencies provide to Abbott a list of “all funds” administered to Travis County, “including any department.” Reports from the agency administrators are due by the end of business today.
Although Abbott’s position is that Hernandez’s policy is illegal, in a February 1 letter Eckhardt noted that she is “confident that Sheriff Hernandez’s policy is well within current law.” And she pointed out that Abbott seems to agree: “I am certain you have come to the same conclusion; else you would not be seeking to change current State law to put all Texas Sheriffs in the service of the United States Department of Homeland Security.”
In line with President Trump’s desires, as enumerated in a recent executive order, Abbott is pushing for passage of a bill, Senate Bill 4, that would require the state’s law enforcement agencies to “comply with, honor, and fulfill” all immigration detainers and would punish any local government seeking to adopt a policy that would prohibit or discourage cooperation.
The bill was considered in a marathon 16-hour hearing on Thursday, and despite significant opposition — including from law enforcement officials who fear that turning local public safety officers into immigration enforcers could harm communities by deterring the reporting of crime — the bill passed on to the full senate for consideration.
Meanwhile, Eckhardt has stood firm, saying that the county will find the money to cover the programs that Abbott has defunded, and vowing to defend its policy unless and until the state passes new — and lawful — legislation. “If that law should come to pass then we will uphold the law as arms of the state,” she said at a press conference, “of course reserving the right to challenge it if it is on its face, or in application, unlawful itself.”
Top photo: Detainees wait to be processed inside Homeland Security’s Willacy Detention Center, May 10, 2007, in Raymondville, Texas.
I don’t like the idea of withholding funds to force obedience. If Austin is doing something wrong, take them to court.
Austin is pretty much the antithesis of Texas anyway. Time for secession.
This is the critical phrase in this whole discussion:
“…ICE detainers run afoul of Fourth Amendment protections against unlawful detention absent probable cause”
What should be obvious is that there IS probable cause. Unlawful entry into almost any country on the planet is punishable by imprisonment or deportation.
Therefore the detainment of people who are suspected of being criminal immigrants does not run afoul of the 4th amendment.
What exactly are the requirements for gaining Fourth Amendment protections? Having both feet on US soil? One foot? Is it like a touchdown where you just have to break the plane of the border and then you get the full protection of the Constitution?
TX should use the money that would have gone to Travis Country to buy a fleet of buses to transport all criminal aliens to ICE detention centers. Then they don’t have to wait for ICE to show up.
SB 4 got through the senate any many bills do, but it will die in the House.
Cooperation with ICE is voluntary. It costs the County money to hold detainees. Travis co pays about $99,000 per day to hold all pre trial prisoners. If 5% are ICE detainees, that would cost the county just under $5,000 per day. For a year that’s $1,806,750 dollars. If 10% of that total was ice detainees it would cost more than$3,500,000 million per year.
So even with the loss of funds of $1,500,000 from the state, the county is still saving more not holding the ICE detainees. That doesn’t include the cost of the extra paperwork and processing the county has to do.
So it’s not just about whether the whole process of detaining illegal immigrants violates due process, the taxpayers of Travis county should not have to foot the bill for doing the federal governments job
What happened to legitimate concern about abuse and overreach of the federal government? Why would any Texan – or anybody anywhere – want their local sherif department and police under the thumb of the feds? This is what irrational fear does to people’s minds. It makes them willing to give up critical separation of powers along with their basic right to govern their own jurisdictions. So much for state and county sovereignty.
Why would any Texan – or anybody anywhere – want their local sheriff department and police under the thumb of the feds?
The answer used to be because the states, especially Texas, need baby sitting. But now they’re all brats.
Would you be ok with it if the TX State Guard patrolled the border and enforced Federal immigration laws as directed by the State of TX? The charter indicates the TXSG can assist in homeland security and community service activities.
https://tmd.texas.gov/state-guard
Headquartered at Camp Mabry in Austin, Texas, the TXSG functions as an organized state militia under the authority of Title 32 of the U.S. Code and Chapter 437 of the Texas Government Code.
Travis county will become the new “east austin”…
If the support for law enforcement ,per see, is yanked, then that promotes further Mexican lawlessness. Prosecute the sheriff.
Hernandez was elected by illegal aliens, the ONLY problem issuant. She is a criminal,not a sherrif.
oh look. A place to sit, a roof over yer head, and food to eat. Plus you dont have to be duckin’ ‘n dodgin’ the cartel assassins and head choppers. So i ask, if these south-og-the-border sorts had NRA arms, would they revolt in their own country and make some changes for the better?
Look at it this way. They crash the border to steal jobs and send money home. Doesn’t that really imply that American businesses are unwilling to support American needs? Would that also mean that the whore US gov has failed to look out and protect Americans from wallstreet thieves being as border crashers fare better than Americans? Not liking what i see here.
Roughly put, and 50 years piled on damages to u.s. Culture and economy: the campaigning legislation or lack of it is traitorous and prosecutable.this author, Smith, is one more female traitorous moron supporting those female terrorist legislators.
The official in question is an elected sheriff, not a legislator.
Texas needs to name the governor and members of the legislature honorary inmates of the state insane asylum.
As a victim of crime by illegals that were caught and released and fled to California, let them stay in California and thank you Greg Abbott…keep up the good work. Hope all of you that endorse sanctuary cities have a crime committed against you, then the rose colored glasses come off.
Fuck Texas’ Christian Fascists
Check out their neutered congressional district .
I won’t be going home to the Armadillo again.
Alas, the Armadillo is no more. But the gerrymandered Fajita Strip will last. For far longer than is just.
Ah, you live there now. When I was whelped it had a population of less than 200,000, lots of trees, clean air, great music, and Barton Springs was clear and didn’t smell like a sewer. It was a gem.
Still plenty of trees — and too much cedar! But, yeah, I feel you.
I would like to see much more about this: “even if the detention would extend beyond the legal term of incarceration or after the person has made bail.” I think we should treat those two situations very differently.
For someone to be held beyond the legal term of incarceration is a very serious matter. Is there appropriate due process involved, or are these “holds” being issued willy-nilly? I mean, it can take immigration authorities twenty years to figure out if someone is legal or not — so this could become an extraordinarily harsh measure, not to mention one very expensive for local communities waiting to hear back from the feds.
But for someone to be denied bail based on an immigration hold seems like complete common sense – it makes more sense than bail in general, really. If someone has illegally crossed a border to get into the country, obviously they might do so to get out. If someone has used forged documents, they can use other forged documents. It stands to reason that an illegal immigrant is far more of a flight risk than an ordinary citizen under the same circumstances. Of course, as I alluded above, it isn’t really fair to keep any supposedly innocent until proven guilty citizen locked up pending some arbitrarily timed proceeding where he tries to prove his innocence or more likely pleads to “time served” under more serious charges than he would have if bailed, but if there’s going to be anyone most likely to have their life screwed up by being held until trial, why should that be poor Americans?
I am in so much disbelief. We are slowly moving towards becoming a police state. With the driving ambition of everyone only looking out for themselves, we have evolved into the very thing, 70 years ago we defeated on another continent. I was just reading on the article concerning South Dakota and how the Sate Senate vetoed an anti-corruption bill that the people tabled and passed. Now here in Texas we have a legislative body that wants to have local law enforcement answer to the Federal Authorities. WOW!!! When are we going to wake up? The heat is slowly being turned up on us and soon this pot will boil.
One of the most frustrating thing about Texas has been its Governors. Abbott is actually not enough to the right for some people and it is infuriating. What I hope is that all of the cities of Texas that do not agree with Trump will refuse Abbott at the voting booth next year. Meanwhile, any of those caring Texans that want to give the finger to the governor and support Austin’s Sanctuary status there is a GoFundMe to contribute to that goes directly to the Sheriff’s Office and replaces the funds Abbott is threatening. Here is the link:
https://www.gofundme.com/sheriff-hernandeztravis-co-funds
Sanctuary cities are against the law. They are in statute now. Why do you have a problem with your sheriff dept abiding by existing laws?
Your go fund me page has $2225 of the 1.5 m you are seeking.
Your Governor isnt even that right. He wont get an e verify mandate for all work including contractor because the home builders wont go for it. You still allow illegals to get in state tuition when the GOP controls everything so this is further costing the legal residents of your state alot of money. We can go on if you would like.
NO amnesty. NO work permits. NO nothing but deportation.
Texas was a Mexican territory until it was “transferred” to the US. And the American government has the gut to preach to the world about behavior. Texas, Arizona, New Mexico and California for the so called, “illegal refugees” is nothing else that coming home.
Are you saying that when the U.S. took over these now U.S. states, the people living there were removed to Mexico? I’ve never read that and I highly doubt it.
As with most of what we stole from Mexico, the people who were living there were Native Americans. The overt genocide against Native Americans continued long after we stole half of Mexico. As Mexico was not slaughtering Native peoples like the US was, many fled South of the Rio Grande.
“going to war” is the rhetoric of fools. It kinda sucks when we have to read through Jordan Smith’s obfuscations and subtle propaganda to get to what Abbott is actually doing, enforcing the existing state laws of Texas AND the existing federal laws of our country. make Austin great again governor Abbott, sanctuary Sally is not helping.
Except not. Try actually reading the article instead of spewing Trumpista baloney:
“In a string of court cases, judges have found that the ICE detainers run afoul of Fourth Amendment protections against unlawful detention absent probable cause, rendering them unconstitutional.”
Oh, you mean that the detainers aren’t necessarily legal or constitutional? And the potential cost of similar litigation could easily exceed the value of the grants and blindside Austin’s budget? Never mind the costs of massive increases in incarceration to Austin, or, God forbid, the impact of unlawful detention on real live human beings.
Trump and Abbott are stomping around the country trying to persuade various idiots — successfully in your case — that immigration law is simple. They’re illegals!! Trump says throw em’ out!! Do whatever Trump and Abbot say or else you’re a PC sanctuary place and we’re gonna take all your money right now!!!
It’s just not.
As for “enforcing the existing state laws of Texas”, that’s what Hernandez is trying to do, but Abbott wants to force Austin to apply all of its police resources to doing what ICE wants them to do, even though it may not be legal to do so, instead of investigating murder, rape, robbery, arson and, well, you know, actual crimes prohibited by the existing state laws of Texas.
Trump and Abbott are among the worst leaders of the cult of law enforcement — cops are always right no matter how many African Americans they shoot in the back. Yet on this issue, somehow, the law enforcement officers who oppose it are just wrong. Buncha wimps, not worthy of the badge, I guess.
No cool and no sense. Read the article. What don’t u get about probable cause and the constitution?
Vengan a California, damas y caballeros. Será bienvenido.
Hmm. I think that should be “Serán.” Another language in which I can’t type. ;^(
Anyway, c’mon over. Friendly people, your native language widely spoken, and we need you to help us secede.
This former Californian says No Thanks! But here’s a question: why did everyone make fun of Texas for its secessionist movement but now California’s nascent movement to do the same is lauded? Dig just a little bit and the bigots are revealed. (PS just so you don’t draw an incorrect conclusion about my comment: I live in Austin and I don’t agree with Trump’s immigration EO at all.)
As a former Californian, you don’t get a vote here any longer.
It’s fine with me if Texas wants to secede and I think most Californians would agree. If I were you, I’d be worrying about how to organize Austin’s secession from Texas while surrounded.
You should probably plan to take the capitol and the governor’s mansion on the first day.
ok, then we’ll deport them. somewhere. guantanamo?
Do you have a Go Fund Me page for the secession? You should. You’ll be surprised how quickly you reach your goal.
There are far too many people here already. We should be getting people to leave California, not inviting more in. The last thing we need is more people when the next severe drought hits, for example. I say stop all development and start returning appropriate areas to their natural conditions by removing human developments.
Again, I am so ashamed of being a Texan. Please don’t think all of us are like the politicians in charge.
A Texan I can deal with — a human being first.
My experience shows there is a way to clean off the stain, but if relations are not ashamed of themselves, and think skinned, they may want to kill you.
“thin skinned”
Your an ideological idiot. As a texan and witness-subjected to border drugs crossing and killing. It is so much worse. Have your friends die in front of you from cartel and drugs. No idea the pain and helplessness. Stop sanctuary cities.
Let’s make a deal. Stop your torture and killing sprees in Latin American and Asia, and the need for sanctuary cities will diminish.
No deal? Then fuck you, texas Shit.
you should get out of the drug business.
While generalizations are not true for all individuals, they ARE generally true. I spent a lot of time in Texas as a long-distance trucker over five years, and I found most Texans to be assholes, which explains your state government. The only exceptions were in Austin (obvious) and San Antonio, the latter because it was mostly Mexican with a large Mexican culture. I’m glad that you’re cool, but you don’t represent most Texans.