At a Glance
- Austin Police Department is now allowed to cooperate fully with ICE, potentially detaining U.S. citizens under the new Kavanaugh stop standard.
- Texas Senate Bill SB 4 (2023) creates state-level immigration offenses and a parallel removal system.
- A 5th Circuit panel blocked SB 4 in July 2025, but the case is pending a rehearing.
Why it matters: The city’s new policy could expose residents to unlawful detention and erode civil rights while courts decide the law’s constitutionality.
The Austin Police Department’s decision to loosen restrictions on cooperation with ICE, coupled with Texas’s controversial SB 4, has raised alarms about potential unlawful detentions and civil-rights violations. The city’s policy shift comes amid an ongoing federal court battle over the law’s constitutionality.
What Is a “Kavanaugh Stop”?
The term Kavanaugh stop refers to a practice that allows immigration officers to detain individuals who:
- Are Hispanic or speak Spanish.
- Are present in an area alleged to have a high density of undocumented residents.
- Cannot immediately prove U.S. citizenship.
The practice derives its name from a 2025 concurring opinion by U.S. Supreme Court Justice Brett Kavanaugh, which established the legal precedent. Under this standard, simply speaking Spanish in a Latino neighborhood could lead to detention and transport to an ICE holding facility.
Austin Police Department’s New Policy
APD Chief Lisa Davis announced that local officers will now:
- Contact ICE freely during encounters.
- Ask about immigration status when speaking with individuals.
Chief Davis cited compliance with Texas Senate Bill 4 (2017) as the rationale. However, the policy appears to extend beyond the 2017 law and aligns the city with the newer 2023 SB 4, which remains legally uncertain.
Key Points
- Local cooperation: Officers can now report suspected non-citizens to ICE.
- Questioning authority: Officers may inquire about immigration status.
- Potential for abuse: The policy could lead to detention of lawful U.S. citizens.
Texas Senate Bill 4 (2023) Overview
| Feature | Description |
|---|---|
| New state criminal offenses | Entering Texas outside a lawful port of entry |
| Arrest authority | State law enforcement can arrest for these offenses |
| Removal power | State judges can order removal following conviction |
| Court pause | Prohibits state courts from pausing prosecutions even with pending federal proceedings |
The bill creates a parallel immigration enforcement system that operates alongside the federal system. It challenges the federal supremacy principle by granting state agencies powers traditionally reserved for the federal government.
Legal Challenges and Court Actions
| Date | Court | Action |
|---|---|---|
| July 2025 | 5th Circuit panel | Blocked SB 4 from taking effect, citing constitutional concerns |
| August 2025 | 5th Circuit en banc | Rehearing the case, vacated panel opinion, injunction remains in place |
The 5th Circuit’s decision reflects the courts’ recognition that SB 4 attempts to establish a state-level immigration regime. The pending rehearing means the law’s future remains uncertain.
Implications for Austin Residents
- Civil-rights risk: Premature alignment with SB 4 could expose citizens to unlawful detention.
- Legal uncertainty: Courts have not yet ruled on the law’s constitutionality.
- Public trust: Unclear policies may erode confidence in local law enforcement.
Until the courts determine whether SB 4 can stand, Austin should prioritize residents’ rights over premature compliance with a contested law.
Conclusion
Public safety is best served when law enforcement operates within clear, lawful bounds. The city’s decision to align with SB 4 before the legal review concludes invites potential civil-rights violations, costly litigation, and loss of public trust. Residents deserve protection from a system that may detain them without due process.
Julia N. Fairmont reported.
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This article appears in January 30, 2026.
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