Policy faces legal challenge while trying to clarify how HPD responds to immigration enforcement

HOUSTON, Texas (KTRK) -- A proposed change to Houston City policy would give police more say in when they contact ICE. However, the city attorney ruled that a major part of the plan must be removed.

Alejandra Salinas, Abby Kamin, and Edward Pollard wrote the proposal together.

"We should all do our part to have our voices heard and get laws like this passed," Salinas said.

Salinas said that since joining the Houston City Council in January, she has been seeking clearer information about the city's immigration enforcement policies.

"We are hearing about all the things going on at the federal level, but we have an opportunity next week to take a vote on something that is going to make a meaningful impact on people's lives," Salinas said.

According to Salinas, this proposal addresses her concerns and aims to make three changes.

First, HPD would provide the council with a report twice a year on how much city resources are used for immigration enforcement.

Second, during a police stop, a person can only be held for as long as it takes to finish the original reason for the stop. For example, if you are stopped for a traffic violation, you should be released once you get your ticket.

However, Salinas said the Houston City Attorney reviewed the third item and found it was illegal, so it had to be taken out before the council could vote. This item would have allowed officers to choose not to contact ICE if they found someone had an administrative warrant during a stop.

An administrative warrant is a civil warrant that can be issued if someone misses an immigration court date or is found to be in the country without legal status.

Administrative warrants are not only used for immigration. Many government agencies issue these non-criminal warrants, often as a summons for business matters, according to legal expert Steve Shellist. He says immigration administrative warrants are different because they target individuals.

"They are using those to take people into custody and deprive them of their liberties, so it is much more frightening and much more serious," Shellist said.

While the city attorney wouldn't send ABC13 a copy of the legal ruling, the group of council members said the office is claiming the third item violates SB4. A state law that prohibits local agencies from making policies that limit the enforcement of immigration law.

"It does not prohibit in any way HPD from doing their job or contacting ICE; it gives an officer discretion, the choice with administrative warrants," Kamin said.

The group said they plan to push for the third item in the future. For now, they decided to remove it and present the other two changes to the council next week.

This happens just weeks after HPD announced a new policy. Now, if an officer finds someone has an administrative warrant, they will contact ICE and keep the person for 30 minutes while waiting for an agent.

"What the city is saying is ok we are going to comply with state rule, we are not going to interfere with these immigration laws, but we are not going to go too far in helping you, and we are certainly not going to ignore the 4th amendment, which protects people from unlawful searches and seizures," Shellist said.

Both the City Attorney and the Mayor declined to comment for this story. The Mayor has said before that HPD has usually notified ICE when an administrative warrant is found.