Texas Attorney General to Block Houston’s Immigration Policy
Texas Attorney General Ken Paxton announced on Friday his intention to “absolutely prevent” the implementation of a new ordinance passed by the Houston City Council that limits police detentions based on civil immigration warrants. The ordinance, approved by a 12-5 vote, received support from Mayor John Whitmire and was sponsored by City Council members Alejandra Salinas, Abby Kamin, and Edward Pollard. The legislation repeals a previous requirement mandating U.S. Immigration and Customs Enforcement (ICE) officers wait 30 minutes before responding to notifications regarding civil immigration warrants.
Details of the New Ordinance
The recent policy aligns with that of San Antonio, which also requires officers to report civil immigration warrants but lacks any required wait time for ICE’s response. In contrast, policies in Austin and Dallas afford police more discretion, allowing them to choose whether to contact ICE based on the situation. In 2025, the Houston Police Department transferred 87 individuals to ICE, according to Police Chief Noe Diaz.
Responses to the Attorney General’s Position
Following Paxton’s comments, City Councilman Edward Pollard addressed concerns, stating that members from both sides of the political spectrum believe the ordinance is strong and effective without violating state law. “We must prioritize the lives and circumstances of Houstonians over political disputes stemming from the last election,” he emphasized.
Potential Legal Conflicts with State Law
Paxton referred to Senate Bill 4 (SB4), legislation enacted in 2017 that prohibits local governments from restricting police cooperation with ICE. He asserted that Houston’s new policy undermines this state law. Law professor Seth Chandler highlighted the critical stakes involved, noting that officials could face removal from their positions under SB4. “There seems to be a decisive stance from the City Council, and Paxton’s assertions suggest a legal confrontation is forthcoming,” Chandler remarked.
Ongoing Legal and Administrative Battles
The complexities of this issue are exacerbated by ongoing litigation surrounding state immigration laws, as well as conflicting interpretations regarding police responsibilities when encountering individuals with civil immigration warrants. Unlike criminal warrants, which require judicial approval, immigration warrants are issued by ICE, further complicating enforcement and compliance.
Reactions from Local Political Figures
Prior to Paxton’s press conference, Harris County Republican Party Chair Cindy Siegel indicated that she had filed formal complaints with his office regarding the new policy. Paxton responded by suggesting that such actions could lead to the removal of elected officials, although he did not specify a timetable for any potential legal action. His office has not yet addressed inquiries about the next steps.
Legal Arguments Supporting the Ordinance
Houston City Attorney Arturo Michel has provided legal justification for the ordinance, suggesting that limiting police detentions on civil immigration warrants is not only permissible under SB4 but also required by the Fourth Amendment, which guards against unreasonable searches and seizures. Michel’s memos identified key judicial precedents asserting that traffic stops should not extend beyond the original intent without reasonable suspicion to do so.
Political Implications Within the City Council
The political landscape in Houston has also seen turbulence due to the ordinance. Prior to Paxton’s remarks, police union leaders signaled they would withdraw support for Mayor Whitmire, a pledge made in 2023. However, this threat was retracted following the city’s assurance on the matter. As the debate intensifies, the implications of the city council’s actions and Paxton’s response will continue to unfold in both the public and legal arenas.
