Houston Mayor John Whitmire is changing the city’s approach to cooperation with federal immigration authorities, despite an executive order from outgoing Texas Gov. Greg Abbott that threatened to withhold millions of dollars in state funding from jurisdictions that did not comply.
After Democrats’ unexpected gains in Texas, Whitmire announced Friday that Houston police would no longer alert Immigration and Customs Enforcement when they encounter undocumented immigrants during nonviolent situations, such as traffic stops or minor offenses.
“If they’re charged with a new crime, we’ll let ICE know as we get them to the jailhouse,” Whitmire said.
Abbott lost his bid for a fourth term on Tuesday. James Talarico also won a U.S. Senate seat for Democrats, the first time the party has captured one of Texas’ Senate seats since Lloyd Bentsen’s 1988 reelection. Ann Richards, the state’s most recent Democratic governor, was elected in 1990.
Whitmire did not respond to a request for comment. He said Abbott’s order, which required local authorities to contact federal immigration officials, had caused anxiety among Houston residents.
In a statement Friday, the mayor said he had signed an order ending ICE notifications for nonviolent offenses, describing the move as a way to ease fear in the community. He thanked Police Chief Noe Diaz and state and local officials for their work.
Whitmire called the change responsible and a more effective policy, while acknowledging that Gov.-elect Gina Hinojosa would not take office until January.
A Department of Homeland Security spokesperson criticized the decision, saying local law enforcement partnerships are important to ICE’s efforts to arrest people it describes as criminal undocumented immigrants. The spokesperson said that when local officials restrict cooperation, federal officers may need a more visible presence to locate people released from jail.
The spokesperson cited several people ICE had recently apprehended in Houston, including Cuban national Alexander Montano, who was convicted of homicide, burglary and forced entry into a residence. The agency also pointed to Vietnamese national Ding Nguyen, convicted of homicide, and Guatemalan national Julio Camey, convicted of a sex offense against a child.
Whitmire said people stopped for nonviolent offenses that do not carry jail time may receive a citation or warning and continue on their way, without ICE being contacted.
A policy introduced in March by Whitmire and Diaz had required a sergeant to oversee ICE involvement if a background check found an immigration warrant. It also stipulated that a person would be released if ICE agents did not arrive within 30 minutes.
In April, Houston’s City Council passed an ordinance limiting how long police could hold someone while waiting for ICE. Whitmire later supported changes to the policy after Abbott threatened to withhold more than $100 million in state funds and then-Attorney General Ken Paxton opened an investigation into the city’s immigration rules.
The revised policy gave officers more discretion to contact ICE and wait for federal agents in cases involving civil immigration warrants. Whitmire’s latest order narrows notifications to encounters involving offenses that can lead to jail time, returning the city closer to the limits initially sought by council members.
