
Two weeks ago, the Houston City Council enacted an ordinance clarifying the extent to which local police may cooperate with federal immigration enforcement. When police detain a pedestrian or driver, the ordinance says, they may not prolong the stop after its purpose has been accomplished simply because a background check reveals a civil administrative warrant issued by Immigration and Customs Enforcement (ICE).
That ordinance irked Texas Gov. Greg Abbott, who threatened to withhold $110 million in state public safety grants unless it is repealed. The ordinance also provoked a lawsuit by Texas Attorney General Ken Paxton, who argues that it violates a state law saying "a local entity" may not "prohibit or materially limit" a "peace officer" from "assisting or cooperating with a federal immigration officer as reasonable or necessary." But on its face, the ordinance merely requires that the Houston Police Department (HPD) comply with the Fourth Amendment.