Houston Mayor Limits Police Cooperation with ICE

Houston Mayor John Whitmire has issued a new directive that significantly limits how the Houston Police Department can cooperate with U.S. Immigration and Customs Enforcement (ICE). This order, effective November 6, 2026, states that police will only contact ICE when an individual has committed a jailable offense. This policy change marks a shift from previous practices and has drawn reactions from various groups.

The directive clarifies that immigration status alone cannot be the basis for contacting ICE, extending a detention, or taking someone into custody. This means that a person stopped for a minor traffic violation and released would not be held for ICE based solely on a civil warrant. The new policy aims to ensure that police resources are focused on criminal offenses rather than civil immigration matters.

New Policy Details and Exceptions

Under Mayor Whitmire’s order, the Houston Police Department (HPD) is instructed to contact ICE only in specific situations. These include when a person is arrested for a jailable offense or when ICE issues an administrative warrant. An administrative warrant is issued by immigration officials and differs from a criminal warrant signed by a judge.

Houston Police Chief J. Noe Diaz emphasized the clarity of the message, stating that ICE will only be contacted if someone commits a jailable offense. This directive was distributed throughout the police force, with plans for roll-call readings and follow-up reminders to ensure officers understand the new guidelines. HPD has confirmed it does not participate in a 287(g) agreement, which allows local law enforcement to perform functions of federal immigration enforcement.

Background of the Policy Change

This new directive follows a reversal of a previous city ordinance that limited cooperation with ICE. In April 2026, the Houston City Council had adopted an ordinance restricting such cooperation. However, this measure faced opposition, including threats from then-Governor Abbott to withhold public-safety grants and a lawsuit from Texas Attorney General Ken Paxton, who argued the ordinance violated state law SB 4.

The city subsequently rescinded and revised the ordinance. The preceding police policy involved contacting ICE about administrative warrants and waiting for agents, sometimes for over an hour. Between April and September 2026, officers contacted ICE nearly 200 times, resulting in at least 36 direct handoffs to immigration authorities. From July to September, 17 individuals were handed over to immigration authorities under that prior policy.

Reactions to the New Directive

Immigrant rights advocates have welcomed the change, with Cesar Espinosa, executive director of Houston immigrant-rights group FIEL, noting a “sigh of relief” for communities concerned about potential referrals to ICE. However, Houston Controller Chris Hollins viewed the change as a positive first step but questioned its timing.

ICE expressed disappointment with the new policy, arguing that local cooperation is essential for effective law enforcement. The Department of Homeland Security also voiced objections, stating that local partnerships provide necessary resources for ICE operations. The directive comes at a time of heightened public discussion surrounding immigration enforcement, with recent protests in Houston related to immigration incidents.

Efforts to Codify the Policy

Council members Alejandra Salinas, Edward Pollard, and Tiffany Thomas are working to introduce an ordinance that would make Mayor Whitmire’s executive order permanent. They plan to use Proposition A, a 2023 charter amendment, to place the item on the council’s agenda. The proposed ordinance aims to mirror the executive order’s language.

Additionally, the proposal seeks to expand quarterly police reports to include details on the basis for each jail booking, the role of individuals with civil warrants (witnesses, victims, or suspects), and a summary of each incident. The city’s legal department is currently reviewing the proposed ordinance, and a council vote could occur within weeks. Mayor Whitmire’s office has stated that the mayor stands by his executive order and believes that adding further provisions might increase the city’s risk under state law.

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