Houston council members raise concerns over last-minute changes to ICE policy

HOUSTON, Texas (KTRK) -- With less than 24 hours before a scheduled vote, several Houston City Council members say they are frustrated as they review a newly revised proposal spelling out HPD's level of cooperation with ICE.

Protesters gathered outside City Hall on Tuesday, chanting against U.S. Immigration and Customs Enforcement (ICE) policies before filing into council chambers. Inside, the room was packed as community members voiced sharply divided opinions over public safety funding and the city's approach to immigration enforcement.

Mayor John Whitmire unveiled proposed changes to an ordinance governing how Houston police interact with federal immigration authorities during routine stops. He said the revisions are intended to help the city avoid losing critical public safety funding from the state.

Some council members criticized the timing, saying they had little opportunity to review the updated language.

"I think we really need to look at the language, have a chance to digest it and be ready for tomorrow," Council Member Edward Pollard said.

Two weeks ago, the council passed an ordinance that removed the requirement that Houston Police Department officers wait 30 minutes for ICE to respond after being notified of someone with an administrative warrant. The earlier version also stated that civil immigration warrants alone were not sufficient grounds for detention.

The newly proposed amendments alter that language.

Council Member Abbie Kamin said the issue stems from constitutional protections.

"This is about the rights of Houstonians - rights enshrined in the Bill of Rights - and local law enforcement we entrust to enforce our laws regardless of immigration status," Kamin said.

One amendment clarifies that nothing in the ordinance limits cooperation with federal immigration authorities when required by state law or agreements. Another provision allows officers to temporarily detain individuals for a "reasonably necessary" period to complete the purpose of the initial stop or to address a legitimate issue discovered during the detention.

During the meeting, council member Alejandra Salinas asked whether the changes would effectively reinstate the prior 30-minute waiting policy for ICE response.

"I'll take it under consideration," Whitmire said.

The updated proposal also removes explicit language from the original ordinance stating that individuals must be released if there is no separate criminal justification for detention.

Pollard raised concerns about the constitutional implications.

"The Constitution clearly states that during a stop, after the law enforcement officer has conducted the reason for the stop, you can't prolong or detain a person for something that has nothing to do with the stop," he said.

Critics argue the revisions could infringe on constitutional rights, while supporters say the city must adopt the amendments to avoid losing state funding and to give officers more discretion.

"By taking away an officer's discretion ... that's a problem," one speaker said during public comment.

Others expressed broader public safety concerns, citing upcoming major events in the city.

With the revised proposal now on the table, the Houston City Council is expected to vote on Wednesday.

SEE ALSO: Mayor Whitmire proposes amendment to HPD immigration policy that 'reaffirms Fourth Amendment'