Lucio Vasquez / Houston Public Media
Mayor John Whitmire discusses the retirement of Houston Police Department Chief Troy Finner on May 8, 2024.
As the city of Houston faces a state-imposed ultimatum with more than $110 million in public safety grants at risk, Houston Mayor John Whitmire wants to amend — and not repeal — the police department’s policy concerning how officers interact with U.S. Immigration and Customs Enforcement (ICE).
His push for a revision comes after Texas Gov. Greg Abbott’s office threatened to revoke public safety funding unless the city repeals a new ordinance prohibiting officers from detaining people or prolonging traffic stops due to civil immigration warrants. The city and some of its elected officials also face a lawsuit over the measure that was filed by Texas Attorney General Ken Paxton.
Whitmire told Houston Public Media on Friday that his “goal is to protect Houstonians’ rights and protect our finances.” His spokesperson said in a statement Tuesday the “proposed language reaffirms the Fourth Amendment rights of individuals, and it creates a clear path to restoring $114M in public safety funding from the state.”
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Whitmire’s administration released details about the proposed amendment during the city council’s public comment session on Tuesday.
The proposed change appears to allow officers to detain people due to civil immigration warrants.
The amendment would update the city’s definition of an “administrative warrant.” Administrative warrants are civil in nature, are issued by ICE, and are not signed by a judge or magistrate.
The original ordinance stated, “ICE administrative warrants are not reviewed by a neutral magistrate or judge and are not probable cause for a criminal arrest.” The proposed revision strikes that language and expands the definition of administrative warrants, describing them as “commanding the arrest of an individual either to conduct removal proceedings or for removal.”
The original ordinance allows officers to detain individuals “only as long as reasonably necessary to complete the legitimate purpose of the initial stop or investigation,” while the revision would strike “only” and add, “and for other legitimate purposes discovered during the detention.”
“HPD will ensure the policy complies with this reasonable standard,” the amendment would add.
The amendment language was sent to city council members before the administration released it to members of the media and public.
As the public comment session began on Tuesday, protestors gathered in front of City Hall. Their chants — including “Immigrants are welcome here” — were audible from inside the city council chambers.
Council members Abbie Kamin and Edward Pollard, who helped spearhead the original ordinance, did not immediately comment on the proposed revision. Council member Alejandra Salinas, who authored the measure, asked Whitmire to release the language to the public — and questioned the effect of certain revisions.
Whitmire’s office initially scheduled a special meeting for April 17 to repeal the measure. That move would’ve required the support of 12 of the 17 people who vote on the city council, including the mayor. The revision under consideration on Wednesday would require nine votes to pass, according to Whitmire.
The revised measure would still require the police department to issue quarterly reports about local involvement in immigration enforcement.
Abbott’s office did not immediately respond to a request for comment.