More than 100 people showed up to speak at a Houston City Council public session to voice their opinion on the extent to which HPD officers should cooperate with immigration enforcement.
A city spokesperson said that the new proposed language "reaffirms the Fourth Amendment rights of individuals, and it creates a clear path to restoring $114M in public safety funding from the state."
The Fourth Amendment protects people from unreasonable searches and seizures.
Whitmire previously stated that the city would not repeal the policy limiting HPD's cooperation with federal immigration officials, but would amend it. By doing so, Whitmire only needs three council members to change their vote, instead of six.
Under mounting pressure from Abbott, Whitmire's proposal changes how officers conduct field encounters.
In the previous version of the policy, officers could temporarily detain an individual only as long as reasonably necessary to complete the legitimate purpose of the initial stop or investigation.
Prior to the policy, HPD officers could wait 30 minutes for an ICE agent to arrive. On Tuesday, Whitmire wouldn't say if the amended version brings that back.
"Do you intend for the 30-minute policy to go back into effect following the passage of this ordinance?" asked Council Member Alejandra Salinas.
"I'll take it under consideration," Whitmire answered.
In the latest version of the policy obtained by Eyewitness News, officers may temporarily detain an individual as long as reasonably necessary to complete the legitimate purpose of the initial stop or investigation. The newest proposal adds that officers may temporarily detain an individual for other legitimate purposes discovered during the detention. See the exact changes below:
ORIGINAL: During a field encounter, in accordance with the Fourth Amendment of the U.S. Constitution, officers may temporarily detain an individual only as long as reasonably necessary to complete the legitimate purpose of the initial stop or investigation.
AMENDED: During a field encounter, in accordance with the Fourth Amendment of the U.S. Constitution, officers may temporarily detain an individual as long as reasonably necessary to complete the legitimate purpose of the initial stop or investigation and for other legitimate purposes discovered during the detention. HPD will ensure the policy complies with this reasonable standard.
The proposal does not specify who determines what constitutes an "other legitimate purpose discovered during the detention" or what constitutes "as long as reasonably necessary."
Whitmire's proposal also clarifies the definition of an ICE administrative warrant.
ORIGINAL DEFINITION: An administrative warrant issued by ICE personnel for civil immigration violations. ICE administrative warrants are not reviewed by a neutral magistrate or judge and are not probable cause for a criminal arrest.
AMENDED DEFINITION: An administrative warrant issued by ICE personnel commanding the arrest of an individual, either to conduct removal proceedings or for removal.
The city council will decide on Whitmire's amended proposal on Wednesday, a vote council members said they've been told must take place.
Normally, council members can delay voting on an item. However, they said Whitmire told them they're not allowed to do that for this item.
Council Member Edward Pollard told ABC13 it's the first time he's ever been given an item and told to vote on it in less than 24 hours, without the ability to delay it.
PREVIOUS COVERAGE:
Special city council meeting to discuss Houston police immigration policy postponed, mayor says
Nearly $115M in public safety funds frozen after city's immigration policy change: Mayor's office
Governor threatens to pull $110M in public safety funds over Houston's new immigration policy
City council passes proposal clarifying how HPD responds to immigration enforcement