Mayor Whitmire proposes amendment to HPD immigration policy that 'reaffirms Fourth Amendment'
HOUSTON, Texas (KTRK) -- Houston Mayor John Whitmire proposed an amendment on Tuesday after Governor Greg Abbott froze state funds in response to HPD's cooperation with immigration officials' policy.
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.
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.
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 vote on Whitmire's amended proposal on Wednesday.
Eyewitness News is gathering facts on this developing story.
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
