Houston City Council Amends Immigration Ordinance Amid State Pressure
Facing increasing pressure from state officials, the Houston City Council has made a decision to amend a local immigration ordinance that had previously come under fire for conflicting with state law.
On Wednesday, the council voted 13–4 in favor of changing the immigration policy, just two weeks after its initial passage. This change aims to address a significant disagreement with Governor Greg Abbott.
State authorities had cautioned Mayor John Whitmire that the original policy, which limited Houston police cooperation with federal immigration officials, was in violation of Texas Senate Bill 4. The potential loss of about $110 million in Public Safety Office grants for the upcoming fiscal year prompted the council to take action.
“During a field encounter, in accordance with the Fourth Amendment of the U.S. Constitution, officers may temporarily detain an individual only as long as reasonably necessary to complete the legitimate purpose of the initial stop or investigation,” stated a portion of the updated proposition.
The amendment removes a former requirement for officers to wait up to 30 minutes for federal immigration agents to arrive, according to ABC13, which also shared the revised ordinance. The new rule clarifies that officers can hold an individual only as long as needed for legitimate investigative purposes.
This change does not take away officers’ authority, according to The Texas Tribune. Mayor Whitmire pointed out that police now have the discretion to decide whether to detain or release someone based on the specifics of any given situation.
“While I remain hopeful based on the City Attorney’s assurances that this amendment will continue to end HPD’s 30-minute wait policy and not permit HPD officers to detain on the basis of a civil administrative warrant alone, that language was struck by the Governor and Houstonians shouldn’t need to rely solely on assurances,” stated council member Alejandra Salinas.
Additionally, the amendment modified the definition of administrative warrants issued by Immigration and Customs Enforcement (ICE). The original wording suggested that these warrants were not reviewed by a judge and didn’t constitute probable cause for an arrest. The revised wording clarifies that the warrants are for individuals facing removal proceedings or to carry out their removal.
Mayor Whitmire highlighted the financial implications of this amendment, stating, “We have no alternative for Houston to survive.”
In response to these changes, Governor Abbott’s press secretary, Andrew Mahaleris, commented that cities in Texas are required to comply with state laws and work with federal immigration authorities to help ensure public safety. He noted that this vote represents a positive step forward after the city’s earlier policies had put public safety at risk.
