Texas AG sues Houston over new ICE ordinance

(CN) — Texas Attorney General Ken Paxton sued the city of Houston Thursday over a new city ordinance prohibiting Houston police from detaining people for immigration officers, claiming it violates a state law against sanctuary city policies.

Last week, the Houston city council passed Proposition A, enacting an ordinance barring police from detaining people solely for civil immigration warrants.

In a petition filed in Fort Bend County District Court, Paxton claims the ordinance violates Texas Senate Bill 4, a 2017 state law barring local authorities from adopting policies that prohibit or materially limit immigration enforcement. This includes prohibiting police from “assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance.”

Paxton seeks temporary and permanent injunctions requiring the city to repeal the ordinance, comply with Texas’ immigration cooperation laws and not discipline any police department employee for enforcing such laws.

“I will not allow any local official to push sanctuary policies that make our communities less safe,” Paxton said in a statement announcing the lawsuit. “Under my watch, no Texas city will be a safe harbor for illegals. The Texas Legislature passed strong legislation that specifically stops the type of lawless ordinance that Houston adopted. Houston has no authority to ignore the Constitution and the laws duly enacted by the Legislature. I’m calling on Houston to immediately repeal this ordinance.”

Meanwhile, Governor Greg Abbott has threatened to terminate more than $110 million in public safety grants for the city if the ordinance is not reversed. The city council is set to consider repealing the ordinance at a meeting Wednesday in response to Abbott’s threat.

“I think it’s unfortunate that so much time and resources are being spent on an issue that should not be partisan,” Houston Mayor John Whitmire said in response to a request for comment on Paxton’s lawsuit. “It interferes with our responsibility to keep Houston safe and protect all residents.”

The ordinance reverses a prior policy, announced last month by Houston Police Chief Noe Diaz, requiring police to wait 30 minutes for Immigration and Customs Enforcement officers to arrive when they encounter people with civil immigration warrants during situations like traffic stops.

Under the new ordinance, police may not hold such individuals for longer than necessary to accomplish the original reason for the stop, even if federal officers have not yet arrived.

“Administrative immigration warrants are civil in nature and only authorize federal immigration authorities to take custody of an alleged deportable noncitizen for immigration proceedings,” the proposition states. “Administrative immigration warrants do not provide a basis for local law enforcement agencies, like HPD, to arrest, detain, or transport someone to jail.”

Proposition A also states the ordinance is consistent with state law and the U.S. Constitution.

“State law, including Texas Government Code Section 752.053, commonly referred to as Senate Bill 4, precludes local entities from adopting policies that prohibit or materially limit enforcement of immigration laws. At the same time, state law does not require local law enforcement to exceed those obligations. This ordinance affirms the City of Houston’s compliance with both state law and constitutional detention limitations,” the proposition says.