Houston police told to stop contacting ICE unless arrest carries jail time

Houston Mayor John Whitmire signed an executive order on Friday limiting police cooperation with U.S. Immigration and Customs Enforcement. The directive requires officers to contact federal agents only when a person is arrested on a charge that allows for jail time or when ICE issues an administrative warrant. The move marks the first major restriction on ICE operations in the nation's fourth-largest city since Democrats won control of Texas state government.

The city's policy shifts the standard for when local officers must notify federal immigration officials. Previously, police could contact ICE based on suspicion of immigration status alone. Under the new two-page order, that suspicion is no longer a basis for contacting ICE, prolonging detention, or holding a person in custody. The order specifically targets scenarios where officers stop individuals for minor infractions, such as traffic violations.

Whitmire, a Democrat, stated the goal is to target immigrants who pose a danger rather than those engaged in work, education, or family activities. He noted that in traffic incidents, officers should issue citations or warnings and allow drivers to proceed without involving federal agencies. The mayor described the decision as a direct result of the midterm elections, emphasizing that elections matter.

The policy change follows a series of violent incidents involving ICE agents in Houston this summer. A grand jury indicted ICE officer Mario Alberto Morales last week for aggravated assault with a deadly weapon. Prosecutors allege Morales intentionally rammed his vehicle into Miguel Parra Hernandez, breaking the man's leg. ICE claimed Parra Hernandez ran in front of the car, a version of events prosecutors say is contradicted by video evidence. Another ICE officer fatally shot a Mexican homebuilder earlier in the year, sparking widespread protests.

ICE remains dependent on local police for enforcement despite receiving a one-time $75 billion infusion from Congress. The agency has signed approximately 2,600 agreements to deputize local police and state agencies for immigration enforcement. Texas is a primary target for these arrests, with state leaders aligning closely with the federal administration's deportation agenda.

Texas Governor Greg Abbott, a Republican, had threatened to withhold nearly $200 million in public safety grants from Houston, Austin, and Dallas. This threat followed earlier attempts by city officials to limit police cooperation with ICE. Abbott argued that a recent ordinance passed by the Houston City Council violated state law and grant conditions related to World Cup security.

The City Council previously passed a measure eliminating the requirement for police to wait 30 minutes for ICE agents to pick up individuals with nonjudicial administrative warrants. If agents did not arrive within that window, officers could release the detained person. The city later amended the ordinance to remove language stating that administrative warrants were insufficient for arrest or detention. Attorney General Ken Paxton filed a lawsuit accusing the city of violating a 2017 state law that restricts local immigration policies.

Cesar Espinosa, executive director of the immigrant rights group FIEL, said the new directive offers relief to communities that had avoided public spaces due to fear of enforcement. FIEL has been assisting the family of Parra Hernandez. Espinosa noted that many residents avoided grocery stores or delayed calling for help after crimes because they feared police would contact ICE.

Spokespersons for ICE did not immediately respond to requests for comment on the mayor's announcement. The directive takes effect immediately and applies to all Houston Police Department interactions with federal immigration authorities.