Houston’s mayor has told city police to stop calling federal immigration agents about people they stop for minor offenses, saying he wants to “begin a healing process” after Democrats won control of Texas.
Story Highlights
- Houston police will call ICE only when a person with an immigration warrant is arrested for a crime that can bring jail time.
- Mayor John Whitmire said the change will “reduce fear and anxiety” and added, “elections matter.”
- Police Chief J. Noe Diaz backed the order, and it went to officers the same day.
- The police union said it was “completely blindsided,” and a federal spokesperson blasted “sanctuary politicians.”
What The Order Changes On The Street
Houston Mayor John Whitmire announced the executive order at a news conference on Friday, November 6. Until then, Houston police contacted ICE (U.S. Immigration and Customs Enforcement, the federal agency that arrests and deports people in the country illegally) whenever a records check showed a person had an ICE warrant. Under the new two-page order, officers will contact ICE only when that person is also being arrested for a jailable offense, meaning a crime that can send someone to jail.
Whitmire gave his reasons plainly. “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.” He said the city would go after immigrants “that pose a danger.” The order came three days after Democrats won the top offices in Texas. Governor Greg Abbott lost his race for a fourth term to Democrat Gina Hinojosa, who has criticized his immigration policies. Whitmire said he has spoken with incoming state leaders and believes they will take a different approach to immigration enforcement.
The warrants at the center of this fight are called administrative warrants. Unlike a criminal warrant, which a judge signs, these are issued by immigration officials, often for civil matters such as a deportation order. The order says a person’s suspected immigration status cannot, by itself, be a reason to call ICE, to keep someone at a stop longer, or to hold someone in custody. A driver who gets only a ticket for a minor traffic violation will be sent on his way.
Police Leaders Split On The Change
Police Chief J. Noe Diaz stood with the mayor and said he agreed with the order. “HPD will no longer contact ICE if they have an administrative warrant and they are not arrested,” Diaz said. He said the new instructions began going out to officers on Friday, and officers will review them at roll call on every shift for five days.
The Houston Police Officers’ Union, which represents rank-and-file officers, was not consulted. “We were completely blindsided by this,” said union president Douglas Griffith. He said officers have never routinely checked anyone’s immigration status and have called ICE only when a warrant showed up in a records check. He also asked whether the order conflicts with state law and worried that officers could be blamed if someone released under the new rule commits another crime. He said officers will follow the directive, but they do not want to be caught in the middle of decisions made by elected officials.
Washington And Austin Push Back
The Department of Homeland Security, which oversees ICE, fired back on Friday afternoon. “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. The spokesperson added that “the Supremacy Clause makes it clear that sanctuary politicians do not control federal law enforcement.” The Supremacy Clause is the part of the U.S. Constitution that makes federal law win out over state and local rules. DHS did not announce any change to ICE operations in Houston, and the order does not stop ICE from making its own arrests in the city.
The fight with Austin is not new. In April, the Houston City Council passed a rule that ended a practice of having officers wait 30 minutes for ICE agents at traffic stops. Abbott threatened to pull about $110 million in state public safety grants from the city. He argued the rule broke Senate Bill 4, a 2017 Texas law that makes it illegal for a police department to limit cooperation with federal immigration authorities. The council then revised the rule, and police were told to call ICE about anyone with an administrative warrant and wait a “reasonable” time for agents to arrive. Whitmire voted against Senate Bill 4 when he was a state lawmaker. Abbott’s office did not immediately respond to a request for comment on the new order.
What This Means For Houston Families
Supporters cheered. Cesar Espinosa, who leads the immigrant advocacy group FIEL Houston, said “Houston won” and that “our community can breathe easier.” Advocates and City Controller Chris Hollins, the city’s elected chief financial officer, said the mayor should have acted months sooner. Hollins called the order “a promising first step” and said, “I’m glad an election was” enough to move the mayor.
For residents who want tough enforcement, the shift is plain. A person with an ICE warrant who is pulled over and given a ticket will no longer be reported to federal agents. Police will still call ICE when that person is arrested on a charge that can bring jail time. Whitmire admitted the gamble. “I understand there’s risk,” he said. “I will take that risk and I know I’m doing right.” Officials have not said whether the state or federal government will challenge the order in court.
Sources:
texastribune.org, click2houston.com, fox26houston.com, wftv.com, houstonpublicmedia.org