HOUSTON – Houston City Council voted 13-4 on Wednesday to approve John Whitmire’s amended immigration ordinance, a move aimed at resolving a high-stakes dispute with the state and restoring more than $100 million in public safety funding.
Council members Edward Pollard, Abbie Kamin, Alejandra Salinas and Letitia Plummer Thomas voted against the measure.
The ordinance takes effect immediately as an emergency measure.
What the amended ordinance does
The updated policy refines how the Houston Police Department handles immigration-related encounters, particularly interactions with U.S. Immigration and Customs Enforcement.
Key provisions include:
- Defines ICE administrative warrants: The ordinance establishes a formal definition for administrative warrants used in deportation proceedings.
- Reinforces cooperation with federal authorities: It states the city cannot prohibit or materially limit cooperation with ICE when required under Texas law or by agreement.
- Clarifies detention rules: Officers may detain individuals for the duration of a lawful stop and for other legitimate purposes discovered during that detention, aligning with constitutional standards.
- Expands transparency: HPD must provide quarterly public reports to City Council detailing immigration-related activity, including when officers inquire about immigration status or contact ICE, along with demographic and location data while protecting confidential information.
- Immediate implementation: The ordinance was approved as an emergency measure and goes into effect right away.
Background: funding fight with the state
The vote comes amid an ongoing legal and political battle with Ken Paxton, who has challenged the city’s earlier ordinance and prompted the state to freeze more than $110 million in public safety funding.
Mayor Whitmire has warned the funding loss, previously estimated at about $114 million, could significantly impact city operations, including overtime and staffing at HPD for investigations involving homicides, domestic violence, juvenile cases and human trafficking.
He has also pointed to the financial strain on preparations for the upcoming FIFA World Cup 2026, which will bring global attention and security demands to Houston.
What changed from the original policy
The amended ordinance rolls back and modifies portions of a policy approved earlier this month.
The previous ordinance removed a provision allowing officers to wait up to 30 minutes for ICE when someone had an administrative warrant unless there was a criminal warrant, citing constitutional concerns.
Whitmire’s revisions clarify that cooperation with federal authorities cannot be limited when required by law and adjust how administrative warrants are defined.
The updated language removes earlier wording stating those warrants do not establish probable cause and instead describes them as orders related to deportation or removal proceedings.
It also broadens detention language, allowing officers to hold individuals not just for the initial stop but for “other legitimate purposes” identified during the encounter.
Debate and concerns
The vote follows days of intense debate at City Hall, with some council members raising concerns about the speed of the process and potential constitutional implications.
Salinas previously questioned whether the changes could undermine key protections in the original ordinance.
“The amendment poses a lot of open questions,” she said during Tuesday’s meeting, including whether it complies with the Fourth Amendment.
Kamin also criticized the timeline, saying council members had limited time to review the proposal before the vote.
Public opinion remained divided. Some residents and leaders argued the city must comply with state law to avoid losing critical funding, while others stressed the importance of protecting constitutional rights.
Rev. James Dixon of the NAACP Houston branch said the issue requires balance.
“We support law enforcement… but we want law enforcement to operate within constitutional law,” Dixon said.
Whitmire has said he believes the amended ordinance creates a path to resolve the dispute with the state without engaging in a costly legal battle.
City officials now hope the changes will lead to the restoration of millions in frozen public safety funds as Houston prepares for upcoming budget decisions and major international events.
Caro Rivera Nelson, attorney at the ACLU of Texas, released the following statement:
“The effective repeal of Proposition A is a stain on our state. Houston City Council caved to the governor’s threats and intimidation. This ordinance would have allowed local police to focus on public safety in accordance with state and federal law. Instead, officers are again left without clear guidance and remain under the same conditions in which local officers were doing ICE’s job — a job they’re not trained for, paid for, or legally authorized to do. Our city councils must defend their authority to enact lawful ordinances that represent what is best for their constituents.”