Texas Attorney General Ken Paxton announced Tuesday that his office had opened a formal investigation into the City of Austin’s public safety policies, alleging that several Austin Police Department practices relating to cooperation with federal immigration authorities may violate Texas’s Senate Bill 4 sanctuary city law — a move that immediately escalated tensions between the state and its capital city and set up a potential legal confrontation.
The investigation was triggered by complaints filed with the AG’s office by conservative advocacy organizations that contend Austin has quietly implemented policies limiting officers’ cooperation with U.S. Immigration and Customs Enforcement detainer requests in certain circumstances. Paxton’s office said it had issued a civil investigative demand to the City of Austin seeking relevant documents and records within 30 days.
“Texas law is clear. No city in this state may adopt policies that obstruct federal immigration enforcement,” Paxton said in a statement. “Austin has repeatedly tried to act as if state law does not apply to it. My office will ensure that it does.”
Austin Mayor Kirk Watson responded sharply, calling the investigation politically motivated and insisting that Austin’s public safety policies fully comply with state law. The mayor said the city would cooperate with the records request while vigorously defending its policies.
“Austin is not a sanctuary city, and our policies comply with Texas law,” Watson said at an afternoon press conference. “This is political theater from an attorney general who views every issue through the lens of ideology rather than law. We will not be intimidated, and we will not allow our communities to be used as props in a political performance.”
Austin Police Chief Joseph Chacon said the department’s policies on immigration cooperation had been developed in consultation with the city attorney’s office and were designed to comply with SB 4 while maintaining the trust of immigrant communities whose cooperation law enforcement depends on for public safety. He acknowledged that the department exercised some discretion in circumstances not clearly addressed by state law.
SB 4, enacted in 2017 and subsequently upheld by federal courts, requires Texas law enforcement agencies to comply with ICE detainer requests and prohibits local governments and agencies from adopting policies that limit immigration enforcement cooperation. Violations can result in civil penalties and removal of elected officials from office.
Legal experts said the investigation’s outcome would likely hinge on whether the specific Austin practices at issue fell within the discretion permitted by SB 4 or crossed the line into prohibited sanctuary policies. The law’s application to day-to-day operational decisions by individual officers has been a gray area that courts have addressed inconsistently.
Austin’s immigrant rights community reacted with alarm to the AG’s announcement. Advocacy organizations urged immigrants to know their rights and said they were mobilizing legal resources to support anyone affected. The Austin Immigrant Rights Coalition called on city leaders to “stand firm” against what it characterized as a “state-sponsored intimidation campaign.”
Paxton’s office said it expected to complete its initial document review within 60 days and would decide at that point whether to pursue further legal action or make referrals to other state authorities.
