HOUSTON – A heated debate continues at Houston City Hall as Mayor John Whitmire pushes to amend, not repeal, a controversial immigration policy, with more than $114 million in state public safety funding on the line.
The proposal comes just weeks after Houston City Council voted to change how police interact with federal immigration authorities during traffic stops, with the mayor’s support.
Under the previous policy, Houston police officers could contact Immigration and Customs Enforcement (ICE) and wait up to 30 minutes if someone had an administrative immigration warrant.
Earlier this month, council voted to eliminate that waiting period, unless the person had a criminal warrant, citing concerns about constitutional rights.
What Whitmire wants to change
Now, Whitmire is proposing revisions that appear to roll back parts of that ordinance while still keeping it in place.
One key section of the proposed amendment states, “nothing in this section shall be construed to prohibit or materially limit cooperation with federal immigration authorities as required by state law or by agreement.”
That language was included in the original ordinance which makes clear that Houston police would still be allowed to work with ICE. However, the ‘by agreement’ was added by the mayor.
The proposed changes also adjust how administrative warrants are defined.
- The original ordinance stated those warrants are not reviewed by a neutral magistrate or judge and do not establish probable cause for arrest.
- The revised version removes that language and instead describes administrative warrants as orders “commanding the arrest of an individual either to conduct removal proceedings or for removal.”
Another change broadens when someone can be held during a stop:
- The original policy said detention should last “only as long as reasonably necessary” for the initial stop.
- The revision removes “only” and allows detention for “other legitimate purposes discovered during the detention.”
The changes come as the state threatens to pull millions in funding, arguing the original ordinance violates Texas law.
Whitmire has pointed to upcoming global events, including the FIFA World Cup, as a reason Houston cannot afford to lose those public safety dollars.
A spokesperson for the mayor says the revised ordinance “reaffirms the Fourth Amendment” and creates a path to restore the funding.
But some council members say they’ve had little time to review the proposal which was introduced during Tuesday’s public meeting.
At-Large Council Member Alejandra Salinas questioned whether the changes could undo key parts of the original ordinance.
“The amendment poses a lot of open questions, the most significant being whether or not it complies with the Fourth Amendment,” Salinas said. “I asked the mayor whether he intended to reinstate the 30-minute rule that we intended to pull back by passing the ordinance. He did not have an answer to that question.”
Council Member Abbie Kamin echoed concerns about the timeline.
“We have not had time to review this,” Kamin said. “We only got it in the middle of public session with an expected vote within 24 hours.”
Inside council chambers, dozens of residents signed up to speak.
Some oppose the ordinance entirely, arguing police should strictly follow state law.
“Law enforcement is law enforcement, and we don’t get to pick and choose which laws we enforce,” said Council Member Twila Carter, who voted against the original measure.
Others support the policy, saying it protects constitutional rights while maintaining public safety.
Rev. James Dixon with the NAACP Houston branch said the goal is balance.
“We support law enforcement. We’ve stood with law enforcement for years. But we want law enforcement to operate within constitutional law,” Dixon said. “It’s a complex issue,” Dixon said when asked about potentially losing millions. “We need resources, but we don’t want that at too high a cost.”
City Council is expected to take up the proposed amendment during a special session scheduled for 9 a.m. Wednesday.
What immigration attorneys are telling clients
As confusion over the policy continues, immigration attorneys say they’re urging clients, especially undocumented immigrants, to be prepared if they are stopped by police.
Attorneys Kim Bruno and Raed Gonzalez say one key rule is to carry proper documentation at all times.
“If you have immigration status in the United States, the law requires that you carry those proofs with you,” Gonzalez said.
Buno recommends clients carry documents like a letter of representation from an attorney, proof of tax payments, and records that demonstrate good moral character such as a clean criminal record.
She adds that families should also plan for worst-case scenarios including making legal arrangements for their children in case of detention.
“Having family members putting in powers of attorney for assets, powers of attorneys for their kids…to assign somebody who they trust to put their children and care for their children and put them into school and medical and all those things if in the case that somebody ends up getting detained,” Bruno said.