Houston police will no longer routinely notify federal immigration officials when a traffic stop turns up an administrative immigration warrant. Mayor John Whitmire announced Friday that officers should contact Immigration and Customs Enforcement when a person with an ICE warrant is arrested for an offense that can carry jail time, according to The Texas Tribune.
Police Chief J. Noe Diaz used a minor traffic violation to explain the difference at the city’s news conference. An officer who issues a citation and releases the driver would no longer call ICE simply because an administrative warrant appears. The order addresses when Houston police make that call. Federal immigration officers retain their own enforcement authority.
Why the type of warrant matters. Immigration officials issue administrative warrants. A judge signs a criminal warrant. A record showing an administrative immigration warrant can reflect a civil matter, such as an outstanding removal order. Houston’s directive draws its line at whether local police make an arrest for a jailable offense.
The policy follows a dispute that began well before this week’s elections. In April, Houston’s council moved to limit how long officers would wait for ICE. Republican Gov. Greg Abbott threatened to withhold public safety grants, arguing that the city was restricting cooperation in violation of state law. The city then revised its approach. Whitmire announced the new policy after Democrat Gina Hinojosa defeated Abbott.
What the two sides are saying. Whitmire said he wants to reduce fear in Houston. DHS argued that less cooperation could make federal agents more visible in neighborhoods, KPRC reported. The next test is how officers apply the order on the street and whether state officials challenge it.