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Houston mayor rejects filing Temporary Restraining Order as immigration ordinance fight threatens $110M in funding

Whitmire: ‘Our focus should be on resolving this issue, not driving up costly legal fees’

Mayor Whitmire during the press conference (KPRC 2)

HOUSTON – A growing divide is emerging at City Hall over how to respond to a high-stakes threat from the state that could cost Houston $110 million in public safety funding tied to its recently passed immigration ordinance.

On Wednesday, the office of Mayor John Whitmire made it clear the city does not plan to pursue immediate legal action despite calls from some council members to do just that.

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In a statement provided to KPRC 2, Whitmire pushed back on the idea of filing a Temporary Restraining Order (TRO), calling it ineffective.

“A temporary restraining order isn’t a solution. It’s a delay tactic. We can’t afford to lose time or millions of dollars,” Whitmire said. “Our focus should be on resolving this issue, not driving up costly legal fees. The path forward is clear: come together, follow the law, and protect public safety in Houston. That’s the only responsible course of action.”

The mayor’s comments come after mounting pressure from Council Member Alejandra Salinas, who is urging the city to take immediate legal steps to block the state’s action.

Push for legal action

In a formal letter sent Tuesday, Salinas called on the city to file both a TRO and seek a declaratory judgment to affirm the ordinance’s legality. She argues that doing so could immediately stop the state from pulling funding while giving the courts time to weigh in.

Salinas framed the state’s warning, issued under Governor Greg Abbott, as coercive and unlawful.

“The premise that Houston must either repeal this ordinance or lose funding is a false choice designed to force compliance through fear,” Salinas wrote.

She added that legal experts believe the ordinance complies with state law, including Senate Bill 4, and does not interfere with law enforcement’s ability to communicate with federal immigration authorities.

According to Salinas, a court could act quickly—potentially issuing guidance as soon as the same day a filing is made—giving city leaders clarity ahead of a special council meeting scheduled for Friday.

What’s at stake

At the center of the debate is $110 million in public safety funding the state has threatened to withdraw if Houston does not reverse course on the ordinance.

Salinas and supporters argue that funding would not be at risk if the city seeks emergency legal relief before the state’s April 20 deadline. They also point to past legal battles where Harris County successfully challenged state and federal actions involving funding and local authority.

Salinas warned that failing to challenge the state could set a dangerous precedent.

“If we yield, we set a dangerous precedent that the State can bulldoze over lawful city policies and constitutional rights whenever it chooses,” she wrote.

The mayor has called a special council meeting on Friday to address the ordinance.