I am hoping someone can help me to understand what is occurring with the ANT-ICE Ordinance.

Please correct my assumptions if I have them wrong.

The City of Houston has seemingly passed an ordinance that counters state and federal laws.

If this is true, why does the GOVERNOR have to threaten holding back funds in order to get the ordinance revoked/repealed?

Why would the ordinance not be immediately be null and void and just be ignored?

The city of Houston doesn't have endless buckets of money so shouldn't those funds for lawyer fees be estimated and approved before any decisions are rendered?

I don't understand what is happening right in front of my eyes.

FCBlitz said:

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I am hoping someone can help me to understand what is occurring with the ANT-ICE Ordinance.

Please correct my assumptions if I have them wrong.

The City of Houston has seemingly passed an ordinance that counters state and federal laws.

If this is true, why does the GOVERNOR have to threaten holding back funds in order to get the ordinance revoked/repealed?

Why would the ordinance not be immediately be null and void and just be ignored?

The city of Houston doesn't have endless buckets of money so shouldn't those funds for lawyer fees be estimated and approved before any decisions are rendered?

I don't understand what is happening right in front of my eyes.

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They're already considering an amendment to comply and reverse this ordinance

There's bad and/or incomplete information about this. HPD has said they will notify ICE if they pull someone over that comes up on an ICE administrative warrant. The compromise was if they notified ICE, they would give ICE 30 minutes to show up. If no one showed up, they would release the person being detained. This was only for traffic stops, not someone that is placed under arrest. The issue here is the law may be unconstitutional for detaining someone longer than the case law allows. As the law stands now, once the officer hand you a ticket, you are free to go outside of some other circumstances. The question is, is waiting for ICE considered a detention.

HTownAg98 said:

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There's bad and/or incomplete information about this. HPD has said they will notify ICE if they pull someone over that comes up on an ICE administrative warrant. The compromise was if they notified ICE, they would give ICE 30 minutes to show up. If no one showed up, they would release the person being detained. This was only for traffic stops, not someone that is placed under arrest. The issue here is the law may be unconstitutional for detaining someone longer than the case law allows. As the law stands now, once the officer hand you a ticket, you are free to go outside of some other circumstances. The question is, is waiting for ICE considered a detention.

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Now I'm confused. There's an outstanding warrant. HPD cannot detain over an outstanding warrant?

ICE warrants are civil, not criminal.

HTownAg98 said:

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ICE warrants are civil, not criminal.

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So that alone makes that much of a difference? Under that theory any detention pursuant to an ICE warrant would be false imprisonment., wouldn't it?

In this case, it would be HPD that would be committing the unlawful detention, not ICE. Of course ICE can detain you for the purposes of your removal from the country.

aggiehawg said:

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HTownAg98 said:

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ICE warrants are civil, not criminal.

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So that alone makes that much of a difference? Under that theory any detention pursuant to an ICE warrant would be false imprisonment., wouldn't it?

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It's a jurisdiction problem.

An IRS Special Agent can't detain you for speeding, even though he's an LEO with a badge.