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ICE Policy Showdown Puts $110M in Texas Funding at Risk

HOUSTON, TX – The Houston mayor has reportedly called for a special meeting of the city council in order to “revisit” an ordinance passed earlier in April which limited local law enforcement’s ability to collaborate with Immigration and Customs Enforcement (ICE) following a threat from Governor Greg Abbott regarding city funding.

Houston Mayor John Whitmire has called for a special meeting of the Houston City Council to take place on April 17th in response to a threat from Governor Abbott’s office warning that approximately $110 million in funding to Houston will be withheld regarding an adopted ordinance limiting local law enforcement’s ability to work with ICE.

The aforementioned ordinance passed by the city council on April 8th in a 12-5 vote in favor of mandates that Houston Police Department (HPD) officers no longer prolong the detentions of individuals they encounter who have active ICE detainers. The move was a departure from the prior policy where HPD officers would contact a supervisor to validate the ICE detainer and give federal officers a limited window to retrieve the individuals subject to the detainers.

In a statement regarding the matter, Mayor Whitmire admitted to voting in favor of the updated ordinance, but in light of the looming consequences, he says it’s reasonable to “revisit” the topic.

“Yes, I voted for it last week because it was the right thing to do. It’s been rejected by people that control our purse strings. So, a reasonable thing to do is to revisit it, discuss it, pass an ordinance that will comply with state law under the judgment of the governor’s criminal justice department,” Mayor Whitmire stated, adding, “It will hurt Houston every minute that we don’t resolve it.”

Attorneys Alejandra Salinas, Abbie Kamin and Edward Pollard, who were among those who authored the adopted ordinance, say Houston should fight the matter in court rather than succumb to the threats of Governor Abbott. However, Houston City Attorney Arturo Michel says a legal battle would be futile since the funding stems from discretionary grants.

“It’s at the governor’s discretion, so that is going to be difficult to have any court say the governor cannot exercise his discretion to either give the grant or not give the grant in any sense really,” Michel stated.

Mayor Whitmire will still have to convince a majority of the city council to vote in favor of upending the recently enacted ordinance, with city councilman Joaquin Martinez conceding that good “intentions” cannot come at the expense of “all Houstonians.”

“Ultimately, we need to think about the entire city, and so I’m still thinking through the process, understanding what the best options are. Intentions are always great, but ultimately, we have to fulfill the duties of all Houstonians,” Councilman Martinez noted.

Governor Abbott’s office has already made good on the threats of pulled funding, with grants related to Houston’s public safety initiative already being frozen as of April 13th. The ultimate deadline imposed by Governor Abbott’s office to upend the ordinance is set for April 20th.
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