Houston Mayor John Whitmire signed an executive order on November 6 directing the Houston Police Department to limit cooperation with U.S. Immigration and Customs Enforcement (ICE). The policy change restricts when local officers may contact ICE to cases where a person is arrested for a jailable offense and holds an administrative ICE warrant.
Under the new directive, officers will no longer notify ICE about individuals encountered during routine interactions, such as traffic stops, unless both conditions are met. Police Chief Noe Diaz stated that minor infractions, including citations for nonviolent offenses, will no longer trigger ICE notifications. "For example, if our police officers pull someone over for a minor traffic infraction and they write a citation, that person receives a citation and goes about their day," Diaz said at a press conference.
Immediate Impact of the Policy
The executive order marks a shift from previous procedures, which required officers to contact ICE if an administrative warrant appeared in a database check during any encounter. Whitmire framed the change as a step toward reducing community fear and anxiety, stating, "I do this to begin a healing process, reduce fear and anxiety across our community."
The policy takes effect as Texas prepares for a transition in state leadership. Democrat Gina Hinojosa will assume the governorship in January, succeeding Republican Greg Abbott, who lost his reelection bid. Whitmire emphasized the connection between the midterm results and the timing of the order, saying, "I also do this knowing that elections matter."
Policy Details and Legal Context
The order specifies that ICE will only be contacted if an arrested individual meets two criteria:
- The person is charged with a jailable offense.
- The person has an administrative ICE warrant.
Administrative warrants are issued internally by the Department of Homeland Security (DHS), within which ICE operates. The policy does not apply to individuals arrested for violent crimes, who will still be subject to ICE notifications.
Whitmire also called for broader federal reforms, stating, "ICE needs better training. They need body cameras. They need to be trained in de-escalation." He added, "But this can only be done in Washington. I can only control what I can control."
Reactions and Broader Implications
The move follows public outcry in Houston after an ICE officer fatally shot a man in January while he was driving to work. Whitmire’s administration has framed the policy as a response to community concerns and a desire to foster trust between law enforcement and residents.
In Austin, Mayor Kirk Watson announced a similar initiative, directing the city’s police department to draft revisions to its policies regarding federal immigration authorities. Watson’s directive aligns with Whitmire’s order, signaling a potential trend among Texas municipalities led by Democratic officials.
Opposition and Legal Challenges
The policy change comes amid ongoing debates over Senate Bill 4 (SB 4), a 2017 state law that prohibits local governments from limiting cooperation with federal immigration authorities. Whitmire voted against SB 4 while serving as a state lawmaker. The law has been a point of contention, with Abbott previously threatening to withhold state public safety grants from cities that did not comply.
In April, the Houston City Council revised an ordinance requiring officers to wait 30 minutes for ICE agents at traffic stops after Abbott’s administration threatened to revoke approximately $110 million in grants. The revised ordinance removed the waiting period requirement.
Statements from Federal Authorities
The Department of Homeland Security (DHS) responded to the policy change, stating, "We remain disappointed that sanctuary policies continue to endanger public safety." The DHS did not provide further details in its public statement.
Background: Texas’ Political Shift
The midterm elections resulted in Democrats winning every statewide office in Texas for the first time in decades. Hinojosa’s victory as the state’s first Latina governor marked a significant political shift in the traditionally Republican-led state. Whitmire’s order reflects the broader policy priorities of the incoming administration, which has pledged to pursue bipartisan governance.
Whitmire stated he had been in communication with Hinojosa’s transition team and bipartisan members of the legislature regarding the policy change. He added that he took responsibility for the order despite the current administration remaining in office for two more months, emphasizing, "elections matter."