Houston Mayor Limits Police Cooperation With ICE Days After Democrats Sweep Texas

Houston Mayor Limits Police Cooperation With ICE Days After Democrats Sweep Texas
Houston City Hall. Photo: Ed Uthman / CC BY 3.0

Just days after Democrats swept Texas' statewide elections, Houston Mayor John Whitmire moved Friday to restrict when city police can contact federal immigration authorities.

The Democratic mayor signed an executive order limiting when Houston police officers can reach out to Immigration and Customs Enforcement about people they encounter during routine police work.

Whitmire openly acknowledged that Tuesday's election played a role. "I do this to begin a healing process — reduce fear and anxiety across our community," he said. "I also do this knowing that elections matter."

The move came after Democrat Gina Hinojosa defeated Republican Gov. Greg Abbott, whose administration had pressured Houston to cooperate with federal immigration enforcement. Democrat James Talarico also won the state's U.S. Senate race.

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What the Order Does

Under the new directive, Houston police will generally contact ICE only when someone is arrested for a jailable offense and also has an administrative immigration warrant.

Officers making ordinary traffic stops will no longer notify ICE just because a driver has an administrative warrant. "HPD will no longer contact ICE if they have an administrative warrant and they are not arrested," Police Chief J. Noe Diaz said.

Administrative immigration warrants are issued by immigration officials rather than judges and generally involve civil violations. Whitmire said the change lets police focus on immigrants who pose public safety threats.

"It's to reduce the fear and anxiety, not just in some of our communities but across Houston," Whitmire said of the new policy.

Reversal After Abbott's Pressure

The order reverses months of pressure from Abbott. When Houston's City Council previously tried to limit cooperation with ICE, Abbott threatened about $110 million in state public safety grants.

Abbott argued the earlier policy violated Senate Bill 4, the state's 2017 anti-sanctuary-city law. Houston then revised its policy, instructing police to contact ICE when they encountered someone with an administrative warrant and wait a "reasonable" time for agents.

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Whitmire admitted the new move could carry consequences. "I understand there's risk," he said. "I will take that risk and I know I'm doing right." He said he consulted with newly elected Democratic state officials before acting.

DHS Pushes Back

The Department of Homeland Security quickly criticized the decision. "We remain disappointed that sanctuary politicians seek to limit cooperation with ICE, as our law enforcement are simply fulfilling their sworn duties to serve and protect our communities," a spokesperson said.

Federal officials warned that limiting local cooperation could lead to more visible ICE operations, since agents would have to find people in communities instead of being notified by local police. "The Supremacy Clause makes it clear that sanctuary politicians do not control federal law enforcement," DHS said.

The order does not stop ICE from conducting its own enforcement in Houston. It only limits when city police will proactively reach out to federal agents.

Activists praised the change but said it came too late. Houston Controller Chris Hollins called it "a promising first step," adding: "I'm glad an election was" what finally moved the mayor.

Austin Mayor Kirk Watson also moved Friday toward revising his city's policy on ICE warrants following Abbott's defeat, a sign that Houston may not be the last Texas city to change course.

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