Dominic Anthony Walsh/Houston Public Media
The Houston Police Department (HPD) has introduced a new directive permitting officers to wait a reasonable time before U.S. Immigration and Customs Enforcement (ICE) takes custody of individuals with civil immigration warrants. This policy change comes on the heels of a recent City Council amendment aimed at limiting the police’s collaboration with ICE.
The original modification to the ordinance, passed with a 12-5 vote two weeks ago, was designed to reduce the interaction between local law enforcement and federal immigration authorities, a move significant in light of the increased deportations in Texas during the Trump administration. This shift, however, prompted a backlash from Texas Governor Greg Abbott, who threatened to withdraw over $110 million in security grants unless the city reconsidered its stance.
In response to these pressures, Mayor John Whitmire announced that the recent amendments align with Abbott’s demands. “The revised ordinance reaffirms the Fourth Amendment and allows us to recover $114 million in state public safety funding,” he noted, portraying the changes as beneficial for both the city and its funding prospects.
Despite this, the new directive raises questions regarding its compatibility with previous statements made by City Attorney Arturo Michel. During a City Council meeting, Michel clarified that officers are prohibited from detaining individuals solely on the basis of civil immigration warrants, highlighting potential constitutional violations under the Fourth Amendment.
City Councilmember Alejandra Salinas, who championed the initial measure, voiced concerns about the updated directive’s implications. She criticized the apparent contradiction, stating, “The City Council was assured by the City Attorney that the Governor’s amendment would not detain individuals based solely on civil administrative warrants. The latest directive makes clear that was incorrect.” Salinas emphasized the need for transparent communication regarding these policy shifts.
In the commentary surrounding the directive, Governor Abbott’s press secretary reiterated the necessity for local compliance with state law and cooperation with federal agencies. “The Houston City Council repealed a radical ordinance that prevented such cooperation, and the Houston Police Department updated its policy to clarify that law enforcement will notify DHS and assist in the custody of individuals subject to eviction proceedings,” Andrew Mahalelis stated.
Historically, the HPD has coordinated with ICE, turning over approximately 85 individuals last year. Under previous instructions from Chief Noe Diaz, officers were advised to await federal agents for no more than 30 minutes. The new directive, however, does not impose such a time constraint, suggesting that officers may now face much longer waits for ICE to take action.
