Houston City Council passes amended ICE ordinance 13-4, city attorney said not much changed
Councilmembers who voted against the ordinance said it is "extremely vague" and "political theater" by Greg Abbott.
HOUSTON, Texas (KTRK) -- The Houston City Council voted to amend its ICE ordinance after Mayor John Whitmire told them they had no choice for Houston's financial future.
Council voted 13-4 to amend the ordinance
On Tuesday, Mayor John Whitmire's office released an amendment to an immigration ordinance council passed two weeks ago. The ordinance impacts how HPD officers interact with ICE agents.
Prior to it, council members said officers were required to wait 30 minutes for an ICE agent if someone they stopped had an administrative civil warrant. The ordinance aimed to change that.
The ordinance caught the attention of Governor Greg Abbott, who threatened to withhold $114 million in public safety funding if the city didn't change it.
PREVIOUS REPORT: Nearly $115M in public safety funds frozen after city's immigration policy change: Mayor's office
On Wednesday, Whitmire told the council they had no other option.
"We have no alternative for Houston to survive, prepare for FIFA, patrol these neighborhoods, deal with sound ordinances," Whitmire said.
Before they voted, council members questioned the city attorney whether the new language allows officers to wait 30 minutes for agents over administrative warrants. He told them that although the amended version removes language giving that protection, nothing really changes from the ordinance adopted two weeks ago.
That was enough for six council members, who decided to side with the mayor, and the vote ended 13 to 4 in favor.
ABC13 spoke with some council members who supported the ordinance and then voted against those who opposed the amended version.
"The difference is we're going to receive the money now," council member Joaquin Martinez explained. "That's what I was focused on. Folks wanted to continue to debate what is the difference. It was already mentioned there is very little difference."
"I didn't want it to go back to the governor for us to still be at a place where we still have not made a decision," council member Carolyn Evans-Shabazz said. "I think he should be happy with what was passed. I know that I am.
Some councilmembers fear that the amended ordinance is unclear
Not everyone agreed with the amended version. Council members Tiffany Thomas, Edward Pollard, Abbie Kamin, and Alejandra Salinas voted against.
Kamin said that removing words and some protective language could make the new version muddy.
"It is not clear," Kamin said. "It is extremely vague. I'm concerned it opens up the window for further strongarming by the state of Texas."
Salinas, who authored the ordinance that passed two weeks ago, said she was glad to hear HPD won't be able to hold people for 30 minutes on the administrative warrants once a stop is complete.
"Only time will tell if the city attorney's assurance is true," Salinas said. "I'm hopeful that it is. I hope that he would not say something to lead a vote by the council that is not true."
After the city attorney told council members the amended version didn't really change the original ordinance, some council members wondered why money was frozen, a lawsuit was filed, and a special meeting was called.
"What we did today and what has been taking place over the last couple of weeks, with a thought to repeal, or all these special-called meetings, was political theater," Pollard said.
READ MORE: Houston council members raise concerns over last-minute changes to ICE policy
'The right direction:' Governor Greg Abbott's office reacts
After the council passed the ordinance, Attorney General Ken Paxton filed a lawsuit against the city.
On Wednesday, Eyewitness News asked his office if that lawsuit would be dropped, but didn't hear back.
Eyewitness News also asked about the money that Whitmire said was frozen last week. The mayor's office didn't respond to our questions.
The governor's office did, but didn't address the issue of the money.
In a statement from the governor's press secretary, Andrew Mahaleris said:
"Governor Abbott has been clear: cities in Texas must fully comply with state law and cooperate with federal immigration authorities to keep dangerous criminals off our streets. This vote is a step in the right direction after Houston leaders put public safety at risk with reckless policies that undermined law enforcement. Governor Abbott expects any policy HPD ultimately adopts to comply with the City's certification that it would fully cooperate with DHS. Governor Abbott will continue to use every necessary tool to protect Texans."
'A stain on our state:' ACLU of Texas reacts
Caro River Nelson, an attorney at the ACLU of Texas, shared a statement following the amendment's passing:
"The effective repeal of Proposition A is a stain on our state. The Houston City Council caved to the governor's threats and intimidation. This ordinance would have allowed local police to focus on public safety in accordance with state and federal law. Instead, officers are again left without clear guidance and remain under the same conditions in which local officers were doing ICE's job - a job they're not trained for, paid for, or legally authorized to do. Our city councils must defend their authority to enact lawful ordinances that represent what is best for their constituents."
ORIGINAL REPORT: City council passes proposal clarifying how HPD responds to immigration enforcement
