Immigration and Customs Enforcement detains a suspect. Credit: Courtesy / U.S. Immigration and Customs Enforcement (Department of Homeland Security)

Two San Antonio-area lawmakers in the Texas Legislature have filed bills that would end state-mandated county cooperation with ICE.

Monday marked the first day state lawmakers could file bills ahead of the 90th Texas Legislature, which starts Jan. 12. This session is the first in decades that Democrats control the Texas House. Last week’s historic blue tsunami also put Dems in every statewide elected office.

In response, State Rep. Trey Martinez Fischer and State Sen. José Menéndez, both San Antonio Democrats, filed House Bill 123 and Senate Bill 99, which would repeal Texas counties’ state-mandated cooperation with federal immigration enforcement.

“During this historic session, we have the opportunity to make real, meaningful change,” Menéndez said in his statement. “Our team has worked alongside our constituents, advocates, and experts to craft solutions to better assist our community.”

Under Texas, all county sheriff’s departments with jails are required to apply for 287(g) agreements, which allow local law enforcement to carry out certain federal immigration enforcement duties.

While those agreements historically focused on undocumented migrants being booked and processed into county jails, recent investigative reporting shows that some departments have used them to turn routine traffic stops into exercises in immigration enforcement.

Under outgoing Republican Gov. Greg Abbott, municipalities that refused to cooperate with federal immigration officials faced the withholding of state funds.

The Bexar County Sheriff’s Department has a 287(g) agreement with the state, while the San Antonio Police Department cooperates with federal immigration authorities only under specific circumstances.

The two San Antonio lawmakers filed their bills days after Mayor Gina Ortiz Jones told the Current she would meet with City Manager Erik Walsh to discuss how the city could reevaluate its partnership with ICE following.

Council members Teri Castillo, Jalen McKee-Rodriguez and Ric Galvan also filed a proposal for an ordinance ordering SAPD to contact ICE only if someone in custody was already going to jail on new charges or if another warrant had a positive National Crime Information Center hit for an ICE administrative warrant.

The trio called for a special meeting on the matter by Nov. 17.


Texas politics is a mess. We make it a readable mess.



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Michael Karlis is a multimedia journalist at the San Antonio Current, whose coverage in print and on social media focuses on local and state politics. He is a graduate of American University in Washington,...