Attempts to eliminate so-called sanctuary cities has begun anew with another Texas legislative session and new national leadership that has singled out these municipalities. And while Austin is often labeled a sanctuary city, it鈥檚 not clear that the city indeed is one.
Elissa Steglich, law professor with the University of Texas Immigration Clinic, said there are no clear legal guidelines for what makes a city a sanctuary city.
鈥淭here isn鈥檛 really a specific definition,鈥� saidSteglich. 鈥淚t鈥檚 certainly not codified anywhere or appearing in law.鈥漌hile state Sen. Charles Perry (R-Lubbock) Tuesday requiring local governments to comply with requests from federal agencies to detain undocumented immigrants, President-elect Donald Trump to cancel federal funding to sanctuary cities. This year, the city of Austin received more than $42 million in federal grants.
Trump鈥檚 promise builds on a current administration unfriendly to sanctuary cities; earlier this year, the federal government .
Steglich said the term 鈥渟anctuary city鈥� has been applied widely, to jurisdictions that have formal policies against cooperating with federal immigration requests 鈥� cities like Philadelphia and Chicago 鈥� and others that have adopted more symbolic measures.
鈥淭here are some cities where City Council has provided a kind of a pledge to or an affirming statement that all residents will be treated equally and have equal rights to access services freely in the city,鈥� said Steglich.
In that regard, the city of Austin is a sanctuary city. The past two City Councils have adopted measures establishing the city as a place friendly to immigrants, but these policies have no enforcement power. Since Travis County oversees the local jails, that power lies with the sheriff. The current sheriff, Greg Hamilton, has maintained that he recognizes all requests from federal immigration agencies 鈥� including requests to detain someone with legal documents so that the agency can pick the person up.
Geoffrey Hoffman, a professor at the University of Houston Law Center and director of the school鈥檚 Immigration Clinic, said that without any enforceable policy, the term does not apply to Austin.
鈥淚 think it may be premature to state that it is a sanctuary city,鈥� said Hoffman. 鈥淚t鈥檚 clear that there is cooperation (with federal immigration agencies) going on right now.鈥�
But, there is a new sheriff in town. Literally.
Sally Hernandez won the Travis County sheriff鈥檚 race earlier this month. Hernandez ran on a campaign of diverging from the current practice of cooperating with Immigration and Customs Enforcement, also known as ICE.
鈥淥ver the past few years, I have been meeting with immigrant advocates, victim advocates, lawyers, people within the sheriff鈥檚 office and elected officials, and there鈥檚 a consensus that some of the current ICE policies are discriminatory and harmful to public safety,鈥� said Hernandez, who has stated that she will develop an official policy on how to handle requests from ICE. 鈥淭oo often these policies prevent victims from reporting crimes because they fear deportation.鈥�
A spokesperson for Hernandez said the new sheriff鈥檚 policy is not yet final, and she would not say the policy would be a blanket stance of ignoring requests from ICE.
With the election of Trump, some Council members have continued to reiterate Austin鈥檚 role as a city friendly to undocumented immigrants. Mayor Steve Adler and Council members Greg Casar and Pio Renteria attended an immigration rally outside City Hall on Sunday. Adler spoke of the city鈥檚 commitment to protecting immigrants without legal documents, but he did not call Austin a sanctuary city.
鈥淎t this time of uncertainty, I stand here certain about one thing, and that is that Austin will not waiver,鈥� Adler told onlookers. 鈥淚n Austin, we will continue to be a city where neighbors care for one another, where we instinctively and reflexively reach out to comfort and protect those around us.鈥�
A press conference 鈥渃oncerning law enforcement, immigration and community safety鈥� is scheduled for Thursday at City Hall.
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