One-on-one with Travis County Sheriff on 'sanctuary cities' law

AUSTIN, Texas - The Department of Homeland Security is making it clear: they disapprove of sanctuary cities, saying it makes our communities less safe.

FOX 7 sat down one-on-one with Travis County Sheriff Sally Hernandez, who still stands strong in her belief that deportation is not the answer. 

"SB4 has changed our approach but we are still very committed to help the immigrant communities," says Sheriff Sally Hernandez, Travis County Sheriff's Office. 

Sheriff Sally Hernandez gained national attention earlier this year when she implemented a policy in February limiting cooperation with ICE. She received backlash, including from Governor Greg Abbott but says she did not violate the law. On September 25t, the 5th Circuit ruled Texas could enforce parts of the so-called sanctuary cities ban. That's when Sheriff Hernandez says they had to change their approach to be in compliance. Now, they are not at liberty to choose which detainers they will assist with. 

"I think that many people think that deportation ends violence, and it doesn't. What they argue all the time is, 'Look at this person, they've been deported five times and they've come back and committed a violent offense.' Well if deportation prevented a violent crime, it wouldn't have happened because they deported them five times," says Sheriff Hernandez. 

The Department of Homeland Security's newly appointed secretary held a press conference on Tuesday regarding sanctuary cities. They highlighted the importance of local jurisdictions cooperating with federal officers.

"Sanctuary cities puts law enforcement lives at risk in favor of criminals who have no right to be in the United States. The second consequence, is needlessly freighting members of the immigrant community who are not the subject of targeted enforcement action," says Kirstjen Nielsen, U.S. Secretary of Homeland Security.

As ICE officers do their job, Secretary Nielsen says there is an increased chance they will encounter other immigration offenders who may end up being detained and removed. Sheriff Hernandez says this does not make our community safer. 

"We have victims that are running away from us and not to us. We have witnesses that see a crime and don't trust us, that they're fearful that if they come to us they'll be deported," says Sheriff Hernandez. 

FOX 7 obtained statistics from this year showing 584 people were booked into the Travis County Jail with an ICE detainer request. Many of them are still in custody. The most common charge was driving while intoxicated at 23 percent, followed by family violence at 11 percent and possession of drugs at 5 percent. That is similar to what is seen nationally.

"In terms of different degrees of crime - I think the main point is they had the first crime when they entered illegally, we've had a second crime they committed under the law of the United States. So it's our priority to remove them from our communities," says Secretary Nielsen. 

During the months that Sheriff Hernandez's policy was in place, the average number of people released into ICE custody was less than 1 per day. Prior to her policy and after she was forced to end it, that number was more than 2 per day. 

"I contend that deportation is not the answer. Holding people accountable for the crimes they've committed is the answer," says Sheriff Hernandez.