Houston amends new ICE rules after Abbott froze $110 million in grants
Add Axios as your preferred source to
see more of our stories on Google.
Mayor John Whitmire in February. Photo: Aaron M. Sprecher/Getty Images
Houston City Council on Wednesday amended a new ordinance curbing police cooperation with ICE in hopes of restoring $110 million in public safety funding from the state.
Why it matters: The move essentially allows Houston Police Department officers to continue detaining immigrants with noncriminal ICE warrants without specific time constraints.
Driving the news: The amendment, proposed by Mayor John Whitmire, passed 13-4.
- Council Members Abbie Kamin, Tiffany Thomas, Edward Pollard and Alejandra Salinas voted against the change.
Catch up quick: Earlier this month, Whitmire joined a majority of council members to adopt new rules prohibiting officers from detaining someone with a noncriminal administrative warrant solely to wait for ICE agents.
- Officers were previously allowed to detain immigrants with administrative warrants for as long as it took for ICE agents to arrive and take custody. In March, that was reduced to a 30-minute window.
Threat level: Last week, Gov. Greg Abbott froze millions in state grant funding for Houston's police and fire departments, saying the ordinance violated grant agreements between the city and the state of Texas.
State of play: In a statement to Axios on Wednesday, Abbott spokesperson Andrew Mahaleris said the vote was a "step in the right direction."
- "Gov. Abbott expects any policy HPD ultimately adopts to comply with the city's certification that it would fully cooperate with DHS," Mahaleris said. "[He] will continue to use every necessary tool to protect Texans."
- Yes, but: It's unclear if or when funding will be restored.
Zoom in: Prior to the vote Wednesday, city attorney Arturo Michel told council members that the amendment would have no effective change to the ordinance if passed.
- But Whitmire later told council members it would give HPD the ability to continue detaining someone for a "reasonable" amount of time and that he believed the language satisfied Abbott's demands.
Between the lines: While Whitmire supported the original ordinance, saying last week it was the "right thing to do," he contended Abbott had the upper hand and said amending the ordinance was fiscally prudent.
What they're saying: "The amendment... reinforces the Fourth Amendment and protects the city funding," Whitmire said at the meeting before the vote.
- "Quite frankly, that's the fundamental question here," he said.
The other side: Pollard said Abbott's threats were "political theater" and questioned whether the governor, who touts support for public safety, would follow through with pulling funds for Houston police and fire.
- "This is theatrics," Pollard said before the vote. "This is politics."
The intrigue: The amendment doesn't say how long officers will be allowed to hold people to wait for ICE agents, instead stipulating that it can be as long as "reasonably necessary" for the initial reason, like a traffic stop, as well as for any other "legitimate purpose discovered" during the encounter.
- City Council also kept language in the ordinance requiring public reports each time HPD contacts ICE agents about an administrative warrant.
What we're watching: Whether Abbott unfreezes the funding.
Editor's note: This story has been updated with new information.