The Houston City Council is preparing to vote on an amendment to its policy concerning cooperation with federal immigration authorities. This action follows a threat from the state government to withhold more than $114 million in public safety grants.

Funding Threat and Policy Origins

The City of Houston is currently reviewing revisions to its policy governing cooperation between local law enforcement and federal immigration authorities due to the significant funding threat. Civil rights advocates are concerned the proposed changes will weaken existing protections for residents.

Initial Policy Shift and Reversal

On April 8th, a policy change eliminated the 30-minute waiting period for Immigration and Customs Enforcement (ICE) agents to arrive when officers encounter individuals with administrative immigration warrants during routine stops. This was followed by a requirement for quarterly reports detailing police coordination with ICE.

Mayor John Whitmire initially supported the ordinance but later sought to repeal it, scheduling a special City Council meeting that was ultimately canceled due to an extension in the state’s response deadline.

Proposed Amendment Details

The current proposal, scheduled for discussion, aims to reaffirm Fourth Amendment rights while unlocking approximately $114 million in state funding. The core of the amendment focuses on altering the scope of permissible detention.

Changes to Detention Scope

The original policy stipulated officers could only detain someone for as long as reasonably necessary to complete the initial stop or investigation. The proposed amendment removes the word “only,” broadening the scope to allow detention “for other legitimate purposes discovered during the detention,” granting police greater discretion.

The amendment also diminishes the emphasis on the civil nature of ICE administrative warrants and their insufficient justification for initiating or prolonging a police stop. The definition of an ICE administrative warrant is being redefined, removing language clarifying that these warrants are not subject to review by a neutral magistrate or judge and do not constitute probable cause for a criminal arrest.

Reactions and Broader Context

The initial ordinance passed with a 12-5 vote, and amending it now requires a simple majority of nine votes. Douglas Griffith, President of the Houston Police Officers’ Union, supports the amendment, stating it aligns with state law and protects officers.

Travis Fife, an attorney with the Texas Civil Rights Project, argues the amendment would dismantle the ordinance and criticized the removal of clarifying details regarding ICE warrants, calling it a potential endorsement of unconstitutional policing. Advocacy groups are mobilizing to oppose the changes.

State Actions and Funding Disputes

The state government has also threatened funding to Austin and Dallas and initiated a lawsuit against Houston for similar policies. The Texas Tribune, a nonprofit news organization, relies on donations to provide in-depth news and information to Texans.