Houston community leaders react to order limiting police, ICE contact

HOUSTON - Houston police officers will no longer contact federal immigration authorities solely because someone has an administrative immigration warrant, following an executive order signed Friday by Mayor John Whitmire.

The change limits when the Houston Police Department can contact U.S. Immigration and Customs Enforcement (ICE), requiring an arrest for a jailable offense before officers notify federal authorities about an administrative immigration warrant.

The announcement drew support from immigrant advocacy organizations, although some questioned why the mayor waited until after the election. The Houston Police Officers' Union, meanwhile, raised concerns about the new directive and its relationship to state law.

New Houston order limiting police, ICE contact

What we know:

Under the new directive, HPD officers will only contact ICE about an administrative immigration warrant when the person is also being arrested for a jailable offense.

The policy means someone stopped for a minor traffic violation can receive a citation and continue on their way, even if an administrative ICE warrant appears during a records check.

Mayor Whitmire said the decision is intended to reduce fear in Houston's immigrant communities and rebuild trust between residents and law enforcement. He also acknowledged that Tuesday's election results influenced his decision, saying conversations with incoming state leaders gave him greater confidence to change the policy.

Previously, officers were directed to contact ICE when those warrants appeared, even if the person was not being arrested for another offense.

Police Chief Noe Diaz explained the distinction during Friday's news conference.

"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. "HPD will no longer contact ICE if they have an administrative warrant and they are not arrested."

Administrative immigration warrants are issued by federal immigration officials and are different from criminal arrest warrants signed by judges.

The executive order does not end all cooperation between HPD and ICE. Officers will still contact federal immigration authorities when someone with an administrative ICE warrant is arrested for a jailable offense.

Whitmire said that once someone is taken to jail, the responsibility for subsequent immigration-related decisions falls to Harris County jail authorities.

Diaz also emphasized that HPD does not participate in a 287(g) agreement, which allows participating local law enforcement agencies to carry out certain immigration enforcement functions under federal supervision.

The backstory:

Houston's cooperation with ICE has been the subject of months of debate among city leaders, law enforcement officials and immigrant advocacy organizations.

Earlier this year, Houston City Council approved restrictions on HPD's interactions with federal immigration authorities. However, the city later revised those restrictions after state leaders threatened to withhold millions of dollars in public safety funding.

PREVIOUS: Houston police issue new directive for amended immigration ordinance passed by City Council

The dispute centered on Texas Senate Bill 4, a state law restricting local governments from limiting cooperation with federal immigration enforcement.

Whitmire said he opposed SB 4 while serving in the Texas Legislature because of concerns about its potential impact on immigrant communities. But as mayor, he said, he had to consider the financial consequences of challenging the state's interpretation of the law. He pointed to Houston's dependence on state funding for services including public safety, transportation and public health.

The controversy intensified amid several high-profile incidents involving ICE agents in the Houston area.

In July, Lorenzo Salgado Araujo was fatally shot during an ICE operation in Houston.

In October, another man was struck by a vehicle driven by an ICE agent in northwest Harris County. A Harris County grand jury subsequently indicted ICE agent Mario Alberto Morales on a charge of aggravated assault with a deadly weapon in connection with that incident.

MORE: ICE officer Mario Morales surrenders after indictment in Houston-area crash

The incidents prompted renewed scrutiny of immigration enforcement practices and calls from community advocates for greater separation between local police and federal immigration authorities.

HPD's most recent quarterly reporting showed 17 individuals transferred to ICE custody between July and September, out of nearly 300,000 documented police contacts.

Those figures have become part of the broader debate about the extent of HPD's involvement in federal immigration enforcement.

Big picture view:

Whitmire repeatedly connected Friday's announcement to Tuesday's statewide election results.

Democrats won several major statewide offices, including the governor's race, changing the political landscape in Austin.

The mayor said he has already spoken with newly elected state officials and believes the incoming leadership will take a different approach to immigration enforcement.

He also acknowledged that his previous decisions were influenced by concerns about losing state and federal funding.

"Sometimes, as a mayor, I have to do not my personal views, but what I know to be in Houston's best interest," Whitmire said. "We cannot run the city government without state and federal grants. Bottom line, and believe me, I've worked with the current administration. They mean what they say in terms of withdrawing money."

Whitmire said he believes the new approach will improve public safety while reducing anxiety among families, workers and students.

The mayor also said he understands that the decision could draw opposition from current state officials or the federal government. He maintained that he is prepared to accept responsibility for changing the policy before the incoming state administration takes office.

Response from local leaders

What they're saying:

Mayor John Whitmire

Whitmire said the executive order is intended to begin repairing relationships between Houston's immigrant communities and local law enforcement.

He also acknowledged that the election created an opportunity to change the city's approach.

"I do this to begin a healing process," Whitmire said. "Reduce fear and anxiety across our community. I also do this knowing that elections matter."

The mayor said he hopes Houston's new policy eventually serves as a model for other Texas cities.

Houston Police Chief Noe Diaz

Diaz said the department is already implementing the new directive and emphasized that officers will continue enforcing criminal laws.

The chief said the policy is intended to ensure routine encounters do not unnecessarily escalate into immigration enforcement actions.

He also said HPD has not routinely investigated immigration status and does not have a 287(g) agreement with ICE.

Douglas Griffith, Houston Police Officers' Union president

Griffith told FOX 26 the union was surprised by the announcement and was not consulted before the mayor signed the executive order.

"We were completely blindsided by this," Griffith said.

Griffith maintained that HPD officers have never routinely checked residents' immigration status and have only contacted ICE when outstanding warrants appeared during records checks.

He questioned whether the new policy conflicts with SB 4 and raised concerns about potential liability for officers if someone released under the directive later commits a crime.

"Our officers are going to do what they are instructed to do, and I just want to make sure that they are not on the hook should one of these individuals that we release go out and commit more crimes," Griffith said.

Griffith also characterized the policy change as political and said he does not want officers caught between competing decisions made by elected officials.

League of United Latin American Citizens (LULAC)

Sergio Lira, a LULAC representative interviewed by FOX 26, welcomed the executive order but questioned why the change did not come sooner.

"My phone blew up. People in the community were calling me. The big question is, ‘Why now? Why not sooner?’" he said. "But at the same time, it's never too late for our city to start healing. And this is the right thing to do, better late than never."

Sergio described the fear experienced by immigrant families concerned that encounters with law enforcement could lead to detention or deportation.

He said some residents became afraid to leave their homes or go to work.

In one example, he described a family whose father worked as a painter but became afraid to work because of the possibility of arrest. The family began selling tamales to help pay their bills.

Sergio said the executive order could help rebuild trust, but warned that the process will take years.

He also wants the protections to become permanent rather than depend on the political leadership in Austin.

ACLU of Texas

Nick Hudson, senior manager of policy and advocacy for justice system and carceral reform with the ACLU of Texas, welcomed the policy change as a victory for Houstonians.

However, the organization said it will monitor whether HPD follows through with the new directive and how officers implement the restrictions.

The organization emphasized the importance of ensuring the policy produces meaningful changes during interactions between residents and police.

Houston City Controller Chris Hollins

Hollins welcomed the announcement as a promising first step but criticized the timing.

He said he had advocated for changes to HPD's immigration enforcement practices for months and questioned why the mayor did not act sooner.

"Protecting Houstonians is every elected leader's responsibility, before and after an election," Hollins said.

Hollins also referenced the incidents involving ICE agents in the Houston area and questioned whether Friday's announcement represents lasting reform or a political response to the election results.

What we don't know:

Several questions remain following Friday's announcement.

One is whether state or federal officials will challenge the executive order. Griffith believes the directive could conflict with SB 4, but the union's position is not a legal ruling.

Another question is whether the change will affect Houston's state funding.

Whitmire said he previously resisted similar restrictions because of threats to withhold funding. He now believes the incoming state leadership will take a different approach, but the current administration will remain in office during the transition.

It is also unclear how significantly the new directive will reduce the number of HPD contacts with ICE.

While the policy narrows the circumstances under which officers can notify federal authorities, the department has not provided a projection of how many encounters would have been handled differently under the new rules.

Another outstanding question is whether the executive order will become a permanent part of Houston's policing policies or could be revised by future city leadership.

For immigrant advocacy organizations, that uncertainty is particularly important.

LULAC says rebuilding community trust will require sustained changes rather than a temporary response to the political climate.

What's next:

HPD is moving forward with implementing the executive order.

Diaz said updated instructions have already been distributed to officers and will be reviewed during roll call on every shift for five days. The chief said the department expects to reinforce the directive again in approximately one month.

HPD will also continue tracking immigration-related encounters under the city's existing reporting requirements. Diaz said the department reviews body-camera footage to monitor compliance and ensure officers treat residents appropriately.

Future quarterly reports could provide insight into whether the new policy reduces the number of encounters that result in contact with ICE.

The ACLU of Texas says it will monitor implementation, while LULAC plans to continue advocating for broader immigration policy changes as newly elected state officials prepare to take office.

Meanwhile, the police union says officers will follow the directive but wants to ensure they are protected from potential legal consequences.

For now, the immediate change is that an administrative immigration warrant alone will no longer prompt HPD to contact ICE during a routine encounter that does not result in an arrest for a jailable offense. The longer-term question is whether the executive order will produce the greater public trust and reduced fear that city leaders and advocates say they want to achieve.