Texas AG sues Houston mayor and city council over new sanctuary city ordinance limiting ICE cooperation

Texas Attorney General Ken Paxton is suing Houston city officials over the adoption of a “sanctuary” ordinance designed to limit cooperation between local authorities and U.S. Immigration and Customs Enforcement (ICE).

The ordinance, passed by a 12-5 vote last week, ended a Houston police policy that required officers to wait at least 30 minutes for ICE to arrive if a suspect had an immigration warrant. 

The lawsuit names Houston Mayor John Whitmire, the city’s 16 council members, and Houston Police Chief J. Noe Diaz as defendants.

Paxton argued the ordinance violates Senate Bill 4, a state law passed in 2017 that prevents local governments from adopting, enforcing, or endorsing policies that prohibit or materially limit the enforcement of federal immigration laws.

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“I will not allow any local official to push sanctuary policies that make our communities less safe,” Paxton said in a statement. “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,” he added. “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.”

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In a statement, Whitmire said it was “unfortunate that so much time and resources are being spent on an issue that should not be partisan.” He added, “It interferes with our responsibility to keep Houston safe and protect all residents.”

Houston City Council member Alejandra Salinas urged the city to defend the ordinance in court.

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“It’s no longer a question about whether the City should go to court,” she wrote on X. “We’re already there. The Mayor and City Council must vigorously defend the law we voted for and that the City Attorney deemed legal. I stand ready to work with my colleagues to defend our laws and protect Houstonians’ constitutional rights.”

Fox News Digital has reached out to several city council members for comment.

Texas Gov. Greg Abbott has also threatened to freeze public safety funding if Houston moves forward with the ordinance.

“Houston received more than $100 million from the state based on a written agreement that they will comply with immigration enforcement,” Abbott wrote on X in a Tuesday post. “If they refuse to comply, they better get out their checkbook. It will be costly if they refuse to keep their streets safe.”

A special City Council meeting scheduled for Friday was pushed back after Abbott extended the deadline for the city to respond to his funding freeze threat.