The 9-2 decision by city leaders doesn’t impact the 640,000-square-foot detention facility purchased by the federal government on the east side.
SAN ANTONIO — San Antonio City Council on Thursday voted in favor of new regulatory measures for privately run detention centers that want to operate within city limits in the future.
Those measures, approved in a 9-2 vote, will come via zoning code changes requiring that detention center operators have to provide notice to city officials and the fire department, as well as obtain special authorization from council.
They would also be forbidden from operating within 1,000 feet of schools, residences, places of worship or public parks, and operators would have to notify the city at least 30 days beforehand.
The newly approved ordinance was the result of council in March directing staff to review what flexibility it has to add hurdles for detention facilities in the wake of the federal government buying a 640,000-square-foot warehouse on the east side; that facility is expected to be used by U.S. Immigration and Customs Enforcement, although leaders have unsuccessfully pushed for details about the logistics of those operations amid President Donald Trump’s immigration crackdown.
At issue in previous meetings was deliberating what the city can and can’t legally do.
“This is an incredibly simple concept… all things perfectly within our purview,” said District 2 Councilman Jalen McKee-Rodriguez, whose district includes ICE-run property along Southeast Loop 410.
District 9 Councilwoman Misty Spears and District 10 Councilman Marc Whyte were the nay votes.
Whyte said the creation of the ordinance and staff time involved amounted a “flat-out waste of taxpayer dollars,” arguing that leaders were using city code to “make a political statement regarding federal immigration enforcement activities.”
Spears said the changes create “ambiguity and potential liability for the city.” Referencing Houston – which on Thursday was sued by Texas Attorney General Ken Paxton after city leaders there dissolved elements of coordination between police and ICE – she warned of potential “state-level conflicts with real financial consequences.”
“Turning City Hall into a parallel immigration tribunal is not lawful or productive,” she said.
But supporters of the changes pointed to the social uncertainty and potential economic ramifications of detention facilities. Mayor Gina Ortiz Jones, who recently issued a callout for feedback from economic leaders, said she received letters from heads of Brooks and San Antonio for Growth on the Eastside supporting the ordinance.
“This is about listening to our neighbors,” added District 3 Councilwoman Phyllis Viagran. “That is what we were elected to do.”
Elizabeth Provencio, with the city attorney’s office, also emphasized that the ordinance eventually approved by council was within the city’s legal means.
And in response to Whyte remarking that his colleagues were concerned about making a political statement, District 4 Councilman Edward Mungia offered: “Everything we do is political up here.”
Notably, the Zoning Commission, which includes a member appointed by each council member, recommended rejecting the ordinance in a 10-1 vote at its April 7 meeting. Assistant City Manager John Peterek said most commissioners concluded “that this was a political decision that council should make.”
City staff, however, recommended approval.
Detention facilities operated by state or federal agencies will be exempt from the zoning changes.
Before council discussed and voted, Sarah Cruz, speaking on behalf of ACLU of Texas, said in the public comments portion that city leaders shouldn’t stop at the ordinance.
“We urge you to be bold,” Cruz said. “We understand the city has been placed into a difficult position, that your options are limited and that you may have a lot of competing priorities. But helping protect constitutional rights of your residents should be among the top.”