The ordinance passed last week prohibits Houston police from arresting people only on civil immigration warrants.
(CN) – Texas Attorney General Ken Paxton sued the city of Houston on Thursday over a new city ordinance that prohibits Houston police from detaining people for immigration officers, claiming it violates a state law against sanctuary city policies.
Last week, the Houston city council approved Proposal Apassing an ordinance that prohibits police from detaining people only on civil immigration warrants.
In one petition filed in Fort Bend District Court, Paxton claims the ordinance violates Texas Senate Bill 4, a 2017 state law that prohibits local governments from enacting policies that prohibit or materially limit immigration enforcement. This includes prohibiting police from “assisting or cooperating with a federal immigration officer as is reasonable or necessary, including providing law enforcement assistance.”
Paxton is seeking temporary and permanent injunctions requiring the city to repeal the ordinance, comply with Texas immigration cooperation laws and not discipline any police department employees for enforcing such laws.
“I will not allow any local official to push through sanctions 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 prohibits the type of illegal ordinance Houston passed. Houston has no authority to ignore the Constitution and laws duly passed by the Legislature. I call on Houston to immediately repeal this ordinance.”
Meanwhile, Gov. Greg Abbott has threatened to end more than $110 million in public safety grants to the city if the ordinance is not overturned. The city council is decided 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 shouldn’t be partisan,” Houston Mayor John Whitmire said in response to a request for comment on Paxton’s lawsuit. “This interferes with our responsibility to keep Houston safe and protect all residents.”
The ordinance reverses a previous 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 encountering people on civil immigration warrants during situations such as traffic stops.
Under the new ordinance, police cannot detain these individuals for longer than necessary to fulfill the original reason for the detention, even if federal officers have not yet arrived.
“Administrative immigration orders are civil in nature and authorize only federal immigration authorities to take custody of a presumed deportable noncitizen for immigration proceedings,” the proposal states. “Administrative immigration orders do not provide a basis for local law enforcement agencies, such as HPD, to arrest, detain, or transport someone to jail.”
Proposition A also says 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, exempts local entities from adopting policies that prohibit or materially limit the enforcement of immigration laws. At the same time, state law does not require local law enforcement to override these obligations. This ordinance of the constitution and state law confirms the the city’s restrictions”, the proposal states.
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