Houston Mayor John Whitmire has proposed changes to the city’s police immigration policy, aiming to address constitutional concerns and restore $114 million in frozen state funding as the city council prepares for a contentious vote.
On Tuesday, John Whitmire suggested modifications to the Houston Police Department's immigration enforcement strategy. He said the adjustments would preserve constitutional rights and free up $114 million in state public safety funding that had been held.
Greg Abbott stopped financing because the city already had rules in place that made it hard for them to work with federal immigration agents. A city representative said the new phrase "reaffirms the Fourth Amendment rights of individuals" and makes it possible to recover the money.
The Fourth Amendment protects people against unreasonable searches and seizures. The proposed changes focus on how officers interact with people in the field.
The new wording says that cops can hold people for "as long as reasonably necessary" to finish the objective of a stop and for "other legitimate purposes discovered during the detention." The policy doesn't say what those extra purposes are or who decides them, though.
Whitmire has said he doesn't want to get rid of the policy, but he does want to change it. This change is a procedural difference that makes it easier for the council to approve it. The move comes after significant public criticism. At a recent city council meeting, more than 100 locals spoke out about how much help officers should give to immigration enforcement.
One question that hasn't been answered yet is whether the revisions will essentially restore a prior practice that allowed officers to wait up to 30 minutes for agents from U.S. Immigration and Customs Enforcement to arrive during interactions. Whitmire indicated he would "take it under consideration" when pressed directly.
The plan also makes it clear what an ICE administrative warrant is: it is an order from immigration officials to arrest someone in connection with removal proceedings.
Some officials are worried about the faster timeline, which will see city council members vote on the amendment on Wednesday. Edward Pollard told ABC13 Houston that this was the first time he had been asked to vote on a motion within 24 hours without being able to wait.
The vote's results might not only change how Houston police work with immigration officials, but also determine whether the city gets back important state revenue tied to public safety operations.
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