Houston will consider walking back a new ordinance limiting cooperation between local police and federal immigration agents, as the city faces an investigation and threats of funding cuts from Republican state leaders.

In March, Houston Police Chief Noe Diaz and Mayor John Whitmire announced a new rule directing local law enforcement to wait 30 minutes for federal agents to arrive at the scene, if they encounter people with administrative immigration warrants during situations like traffic stops. But on April 8, the city council voted overwhelmingly for an ordinance to stop that practice, while also requiring the Houston Police Department to deliver quarterly reports on its coordination with ICE. 

Two days later, Attorney General Ken Paxton’s office launched an investigation, alleging the ordinance violates Senate Bill 4, which bans cities from adopting policies that “materially limit” immigration enforcement. It says that the requirements would have a “chilling effect” on Houston police’s cooperation with federal agents, though the measure’s backers said the ordinance only undoes a previous city policy that went beyond what state law mandates on the city’s engagement with ICE. 

State leaders then turned up the dial Monday, as Gov. Greg Abbott’s office threatened to withdraw $110 million in public safety grants from the city and block it from future funding — if the ordinance stays. 

In response, the city council is now expected to hold a special meeting and consider whether to repeal the ordinance Friday. 

“It does not matter what a council member’s legal opinion is,” Whitmire told reporters Tuesday. “There’s only one opinion that matters, and that’s the governor’s.”

Whitmire was one of the 12 people who voted in favor of the ordinance, despite previously downplaying Houston police’s cooperation with ICE before acknowledging it in November. The Houston Chronicle also reported that the mayor felt that the ordinance “codified existing policy,” despite the measure eliminating a part of the ICE directive he announced in March.  

“The potential loss of state funding poses real challenges for the Houston Police and Fire Departments and will impact public safety services across our city, the 2026 FIFA World Cup preparations and the Homeland Security Department,” he added. “Our public safety departments rely on a combination of local, state, and federal resources to operate effectively.”

Whitmire then told local media outlets Tuesday that the city’s ability to access the fund was already cut Monday afternoon.

Though, in the letter to the mayor, Abbott’s office said the city must respond by April 20 to confirm that it will act to repeal the ordinance or risk the grants’ termination. 

In a Tuesday statement to The Texas Tribune, Abbott’s spokesperson Andrew Mahaleris said “as of now, future funding is on hold.”

“Additionally, under the terms of the contract between the City of Houston and Texas, the State will submit a bill to the City—if it does not immediately reverse course—for the $110 million the City would owe the State,” Mahaleris added. “If the City refuses to pay, the Texas Comptroller is required to deny the payment of *any* funds to Houston until the debt is paid.” 

Paxton’s office didn’t immediately respond to a comment request. 

Council member Alejandra Salinas, who led the push for the ordinance, said in a Tuesday statement that the city should challenge Abbott’s threat on the public safety funding in court instead of immediately bowing to the governor’s demand. 

“If we don’t, we set a dangerous precedent that the State can bulldoze lawful city policies and constitutional rights whenever it chooses. Houstonians deserve a City willing to fight for them, defend our laws, and protect our residents,” she said. 

The ACLU of Texas similarly urged the city council to protect constitutional rights of all residents, adding that the ordinance “supports longstanding protections under the Fourth Amendment.”

“Gov. Abbott is putting the safety of Texans at risk to score political points,” Caro Rivera Nelson, an ACLU Texas attorney, said in a statement. “By threatening to withhold $110 million in public safety funding over this common-sense ordinance, the governor is not only turning his back on law enforcement; he’s trying to usher in a new era of state overreach.”

Besides Houston, Paxton’s office is also investigating Austin for its new policy on ICE and administrative warrants, according to the Austin American-Statesman.

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