How we got here
Texas lawmakers passed Senate Bill 4, granting the state power to remove undocumented immigrants from the country, last fall.
Gov. Greg Abbott signed SB 4 in December, but Texas faced lawsuits almost immediately that challenged its constitutionality and claimed only the federal government, rather than states, could enforce immigration restrictions.
The issue made it to the U.S. Supreme Court, which initially halted, then allowed for, SB 4's implementation. Soon after, a federal appeals court blocked the law, and the case remains in progress as of August.
What happened
While SB 4's rollout is stalled, Austin City Council members approved a resolution Aug. 29 that would deprioritize the law's enforcement locally—if it's upheld. Council's move followed similar action by Dallas officials this year, and Austin's own "Freedom City" resolutions of 2018.
The measure from council member Vanessa Fuentes passed 10-1 and formally condemns SB 4, in addition to:
- Leading the Austin Police Department to cut back law enforcement work related to the law
- Banning such enforcement in schools, houses of worship, medical facilities, and domestic violence and sexual assault centers, as possible
- Launching a round of engagement with several city commissions and local groups aimed at protecting immigrants and curbing racial profiling
- Expanding Austin's "Know Your Rights" programming to inform residents about law enforcement interactions
“What we’re doing is sharing a clear direction to our city manager that we would want our police officers, in their precious time and resources, solving violent crime versus practices that lead to racial profiling, practices that separate families and practices that lead to deportations," Fuentes told Community Impact. "That does not ensure the safety of our community; in fact it invokes fear in our community, and it does nothing for public safety.”
She also said Know Your Rights trainings, one of which she'd hosted with council member José Velásquez in April, have received a positive response from residents "alarmed" about state immigration policy and seeking more information.
Council member Mackenzie Kelly, who voted against the resolution alongside a handful of items on council's Aug. 29 agenda, said she opposed action at the city level she believes should be left for other levels of government to tackle.
The context
State leaders who backed SB 4 have said it's necessary to protect Texas's border and sovereignty, and curb unauthorized immigration.
Abbott, a critic of federal border policies under President Joe Biden’s administration, has said Texas faces “invasion” by migrants and drug cartels. House Speaker Dade Phelan previously called SB 4 the "strongest border security law" in the U.S.
The law faces opposition from Mexican officials, who said the country wouldn't accept deportations from Texas as proposed under the law.
The Austin resolution is the latest City Council policy designed to limit the reach of Texas law, following other items about abortion, marijuana and gender-related health care.
Austin Police Department policy already includes several guidelines for officers' inquiries into immigration status. APD previously announced officers would not be enforcing the law pending further action in court.
Put in perspective
The Austin resolution received support from several residents identifying as immigrants, who said they appreciated its support for their community and safety.
“As an immigrant, I already face significant fears interacting with the police. The passage of SB 4 would only increase these fears," said Maria Espinoza, through a translator. "As a mom, I feel pretty nervous. It’s very difficult to make the everyday activities like going to work or seeking medical care even more daunting. I deeply appreciate the Austin City Council for addressing these concerns and standing up for our safety.”
Irene Araiza said council's symbolic action and direction on enforcement may help reinforce Austinites' confidence.
“This resolution helps us to rebuild our trust and strengthen our trust in the community of immigrants and the local authorities. This shows a commitment to approach our fears, and to guarantee we are treated with respect and fairness.”
Fuentes also stressed her belief in the urgency of passing pro-immigrant policies at the local level in response to SB 4, and after recent action by Abbott now requires state-level reporting on undocumented people who visit public hospitals.
“On a personal level, as a daughter of an immigrant, this to me is personal knowing that I have family members of mixed status and knowing the harmful effects of this legislation, should the court rule it constitutional, that we at least stand ready here in Austin to show our commitment," she said.
Hannah Norton contributed to this report.
