New HPD immigration ‘deadline’ rule announced amid allegations of policy deviations

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New Houston Police policy for immigration warrants

Houston Mayor John Whitmire and Police Chief J. Noe Diaz announced a mandatory new directive Wednesday governing how police officers handle federal administrative immigration warrants, following admissions that some officers had recently "deviated" from city policy. FOX 26's Mekenna Earnhart breaks down what leaders had to say and the backlash that the new rules are already facing.

Houston Mayor John Whitmire and Police Chief J. Noe Diaz announced a mandatory new directive Wednesday governing how police officers handle federal administrative immigration warrants, following admissions that some officers had recently "deviated" from city policy.

New HPD policy for ICE involvement

What they're saying:

The new policy, sent to the entire department Wednesday afternoon, strips individual officers of the ability to act alone when a background check reveals an immigration warrant. 

Under the new rules, a sergeant must be called to the scene to verify the warrant and oversee the interaction. 

Additionally, the department is now imposing a 30-minute "wait-clock" on federal authorities. The directive was prompted by at least two recent incidents where young officers took it upon themselves to transport individuals to federal agents during routine stops—actions Chief Diaz described as "beyond the initial intent" of the department's guidelines.

"HPD is not ICE, not immigration officers, they're HPD officers," Mayor Whitmire said during a press conference at HPD headquarters. "And I expect them to follow the law. As HPD officers, they enforce local laws, state laws. They comply with the intent of Senate Bill 4, and they follow the intent of the Fourth Amendment of the U.S. Constitution. And it's worked."

The ‘30-Minute’ Rule

How It Works:

Moving forward, if a supervisor confirms that an immigration warrant is valid, ICE agents must arrive at the scene within 30 minutes to take custody. If they do not, the individual must be released. 

Furthermore, HPD officers are now strictly prohibited from transporting anyone solely for the purpose of an administrative immigration warrant.

"We’ve observed instances where officers' actions went beyond the initial intent," Chief Diaz said. "I want to make sure [people are] respected, that there's decency involved in their handling. That's real to me. That's real to this team."

Data and Scalability

By the numbers:

Chief Diaz provided specific data to emphasize that such interactions remain a fraction of the department’s total workload. 

In 2025, HPD recorded approximately 1.1 million public interactions, including traffic stops and 911 calls.

Of those:

  • Approximately 220 encounters involved immigration warrant "hits."
  • 85 people were actually turned over to immigration enforcement in the entire year.
  • The Chief calculated this as just 0.0006% of total department contacts.

Advocacy groups, state law tension

The other side:

Despite the new restrictions, the announcement was met with sharp criticism from FIEL Houston. In a statement released shortly after the briefing, FIEL Executive Director Cesar Espinosa accused the administration of a lack of transparency.

"Mayor Whitmire is not doing anything special. He is just safeguarding the city from violations to our constitution," Espinosa said. "This policy is something that should have been in place from day one. We have known that Houston PD has collaborated with ICE in the past and for many months, Chief Diaz and Whitmire lied."

The directive also faces potential scrutiny from Austin. While the Mayor insists the city is following Senate Bill 4 (SB4), some state lawmakers may argue that a 30-minute deadline "materially limits" cooperation with federal authorities—a violation of state law.

"Experience has shown me that there's no perfect ordinance, no perfect law," Whitmire said. "Every product that [the] government outlines can be improved. And that's why we're here today."

The Source: FIEL Houston, Senate Bill 4 (SB4), Houston Mayor John Whitmire, Police Chief J. Noe Diaz

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