Houston $100M funding crisis: HPD overtime suspended as city hall, Austin clash over immigration policy

Legal questions about Houston immigration ordinance

Houston city councilmembers and a legal expert are weighing in on the legal aspect of the city's new ordinance regarding HPD and ICE. FOX 26's Sherman Desselle shares what they have to say as state officials freeze over $100 million in grants over the policy.

HOUSTON - A high-stakes standoff between Houston city leadership and the State of Texas continued Wednesday as City Council members questioned Mayor John Whitmire’s calls for a pragmatic retreat following the loss of more than $100 million in state public safety grants.

Funding fight: Texas freezes over $100M in state public safety grants for Houston

What we know:

The fiscal crisis, triggered by a local ordinance limiting police cooperation with federal immigration authorities, has now forced the suspension of overtime for the Houston Police Department and put critical security for the 2026 FIFA World Cup at risk.

MORE: Texas threatens to pull public safety grants from Houston

During a heated public session, council members who sponsored the ordinance argued Tuesday that the city has a constitutional obligation to resist state overreach, even as Governor Greg Abbott’s office officially moved to pull the funding.

FULL VIDEO: Fiery argument between HPOU President Doug Griffith and Houston City Council

A heated argument erupted during Tuesday's City Council meeting between Houston Police Officers Union President Doug Griffith and members of the Houston City Council following the recently passed ordinance that dictates how local police interact with federal immigration authorities.

"I think there is a third option," said Councilmember Tiffany D. Thomas to FOX 26 Wednesday. "It is not the only option just to repeal the vote and to demonstrate to the people that we go back home, to that we're not able to stand on our word. We have a third option, and we can challenge this."

The dispute centers on a city policy that prevents Houston officers from initiating or continuing detentions based solely on administrative warrants from Immigration and Customs Enforcement (ICE). While supporters argue the policy protects Fourth Amendment rights and local trust, the Governor’s Public Safety Office maintains the ordinance violates grant certifications signed by the city.

ORIGINAL REPORT: Houston City Council passes policy related to HPD involvement with ICE

Mayor Whitmire, who previously voted for the ordinance but warned sponsors of the financial risks, told the council that a legal battle would be futile. Whitmire stated that the Texas Supreme Court would likely not support a temporary restraining order (TRO) against the state.

What they're saying:

Councilmember Alejandra Salinas, an At-Large representative, sharply disagreed with the Mayor’s assessment.

"I know we will prevail in court. Certainly at the district court level," Salinas said. "I don't understand why he doesn't want to at least make an effort to fight for Houston's constitutional rights."

The loss of more than $100 million impacts a number of active grants, including funding for human trafficking prevention, family violence initiatives, and specialized Special Response Teams. The single largest cut—approximately $64.6 million—was designated for security at the upcoming World Cup matches.

Legal experts, including FOX 26 contributor, former judge and law enforcement officer Charles Adams, noted that while the city may have a valid 10th Amendment argument against the federal government "commandeering" local police for federal functions, the state’s control over funding remains its most potent weapon.

What's next:

The Council is expected to meet again Friday for a pivotal session. The city must decide whether to repeal the ordinance to restore funding or proceed with a legal challenge that could take months to resolve in a conservative state court system.

SIMILAR: Harris County set to consider 'Sanctuary' anti-ICE policy