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Houston, Haven for Illegal Immigrants, Pressured to Be Tougher
Dec. 7 (Bloomberg) -- Houston Mayor Bill White is facing increasing pressure locally and from the federal government to toughen a policy that has helped make the fourth-largest U.S. city a haven for illegal immigrants.

City Councilman Mark Ellis is trying to force a vote on a plan directing police to enforce immigration law and requiring proof of citizenship for people receiving social services. The local effort coincides with a push by President George W. Bush and bills in Congress to crack down on illegal immigration.

``The federal government, they're not going to be able to get their arms around this issue alone,'' Ellis said in a telephone interview. ``They're going to have to have assistance from the local government and state government.''

Houston police have refrained since 1992 from inquiring about the immigration status of people associated with minor crimes and investigations. The policy, General Order 500-5, is similar to one known as Special Order 40 in Los Angeles. It's designed to free up local resources and help build ties with immigrant communities.

Thirty-two U.S. cities have so-called sanctuary policies similar to Houston's, according to a study last year by the Congressional Research Service. Austin, Texas's capital, and Katy, a Houston suburb, are among them.

Houston has at least 126,000 undocumented workers, based on statewide estimates from the Pew Hispanic Center in Washington, said Nestor Rodriguez, a University of Houston sociologist. The Census Bureau estimates the city's total population at more than 2 million.

Seeking Support

Ellis's resolution would permit police to check the citizenship status of people who commit Class C misdemeanors, such as traffic violations, and would require such inquiries for anyone involved in more serious crimes. Those found to be in the country illegally would be referred to immigration officials.

To force a vote on his proposal, Ellis needs signatures of at least eight of the City Council's 15 members. The Republican has six so far, and said he may seek to win over Democrats if he can't get support from two fellow conservatives on the council who have yet to sign.

Mayor White and Police Chief Harold Hurtt have defended the current policy. Immigration is a federal responsibility and local police are busy fighting more serious crimes, said a spokesman for White, Frank Michel.

The city's police force has shrunk to 4,600 officers from 5,200 since mid-2003. Many officers retired early to avoid having benefits reduced by a plan that the city enacted to shore up its police pension.

Leads Jeopardized?

Another concern is that police may be unable to obtain the leads that immigrants provide in investigations, said Lieutenant Robert Manzo, a police spokesman.

``We can create a situation where individuals are afraid to call the police and report crime in the city because they're concerned that they may be arrested and deported,'' Manzo said.

Immigration policy became front-page news last week as Bush traveled to Arizona and Texas to promote his plan to protect U.S. borders. Bush, a former Texas governor, proposes greater use of technology for border surveillance, a speeding of the deportation process and a visa program for temporary migrant workers.

``All of our border security efforts can be made more effective if we integrate our efforts with those of state and local law officials,'' Homeland Security Secretary Michael Chertoff told the Houston Forum on Nov. 2. The group hosts speakers on topical issues.

U.S. Representative Michael McCaul, a Texas Republican, sponsored an amendment allowing states to tap federal funds to reimburse local police for costs incurred in dealing with illegal immigration. The amendment was part of a bill that the House's Homeland Security Committee passed on Nov. 17. The legislation awaits action by the full House.

Victim in Austin

A lawsuit in Austin raises another issue for sanctuary policies: possible liability when an illegal immigrant who police could have had deported later commits a crime.

The suit was filed Nov. 4 on behalf of a couple whose daughter was raped and murdered by an illegal immigrant. The family alleges that Austin police earlier had an opportunity to arrest the man on immigration charges and declined.

The case may be a precursor to similar suits in Houston, said Matt Burns, a Buda, Texas, lawyer representing the couple.

``The same statutes that we're complaining of there apply perhaps with even more force to Houston,'' Burns said. ``Their sanctuary policy is even more in-your-face'' because it's spelled out in writing.

Ellis has only until Dec. 31 to force a vote on his plan because his tenure on the council ends that day. Houston's term limits didn't allow him to seek re-election. An editorial in the Houston Chronicle accused Ellis, who is running for state Senate next year, of grandstanding on immigration to curry votes.

The resolution would be only a directive for police, not an order. ``But it will show that a majority of the council wants this,'' Ellis said. ``And with the general outcry that we're starting to hear, they're going to have to go along.''