Texas Attorney General Files Suit Against Houston Over Immigration Detention Ordinance
Texas Attorney General Ken Paxton has initiated legal action against the city of Houston, contesting a recently passed ordinance that restricts police from detaining individuals based solely on civil immigration warrants. Paxton’s lawsuit, filed in Fort Bend County District Court, claims that the new measure contravenes state law aimed at curbing sanctuary city policies.
City Council Approves Proposition A
Last week, the Houston City Council approved Proposition A, which explicitly forbids local law enforcement from detaining individuals solely for civil immigration warrants. This ordinance represents a significant shift in Houston’s approach to immigration enforcement, aligning with sentiments from various progressive advocacy groups.
Legal Basis for the Lawsuit
In his petition, Paxton argues that the ordinance violates Texas Senate Bill 4, a law enacted in 2017 that prohibits local governments from implementing policies that significantly limit or obstruct immigration enforcement. The legislation requires local authorities to cooperate with federal immigration officials wherever necessary, including offering enforcement assistance when appropriate.
Seeking Compliance and Enforcement
Paxton is requesting both temporary and permanent injunctions that would compel Houston to annul the ordinance, adhere to the Texas Immigration Cooperation Act, and uphold the enforcement of state law without penalizing officers. In a statement accompanying the lawsuit, Paxton emphasized his commitment to ensuring that no Texas city becomes a sanctuary for undocumented individuals.
Governor’s Funding Threat Over Ordinance
In a related development, Governor Greg Abbott has threatened to withhold more than $110 million in public safety grants to Houston unless the ordinance is repealed. This ultimatum is expected to be addressed by the City Council in a meeting scheduled for Wednesday, where potential repeal options will be discussed.
Mayor’s Perspective on the Situation
Houston Mayor John Whitmire remarked on the contentious nature of the lawsuit, expressing disappointment over the time and resources devoted to what he believes should be a non-partisan issue. He underscored the need for city officials to focus on maintaining public safety and protecting the rights of all residents, irrespective of their immigration status.
Changes to Police Protocols
The new ordinance nullifies a previous directive from Houston Police Chief Noe Diaz, which mandated that officers wait 30 minutes for Immigration and Customs Enforcement (ICE) agents when encountering individuals with civil immigration warrants, particularly during routine stops, such as traffic incidents.
Legal and Constitutional Justification
According to the ordinance, police are not permitted to detain an individual longer than necessary for the initial reason for the stop, even in circumstances where federal agents may not have arrived. It further states that administrative immigration warrants are civil in nature, which means they do not authorize local law enforcement, like the Houston Police Department, to make arrests or detentions related to these warrants.
Proposition A asserts that the ordinance is in line with both state law and the U.S. Constitution. It clarifies that while state law prohibits local governments from adopting policies that restrict immigration law enforcement, it does not compel local authorities to exceed their legal responsibilities.
