The key facts

  • Houston police should not contact ICE unless a person is being transported to jail on new charges or warrants
  • Extending detention or holding a person solely on immigration grounds is prohibited
  • Earlier, under pressure from Governor Abbott, the city softened a similar policy; Abbott lost the election

New restrictions on data sharing with ICE

Houston Mayor John Whitmire announced on Friday that the city's police will limit cooperation with the federal immigration agency ICE following the Democrats' victories in the US midterm elections, Anadolu reports, citing Houston Public Media. 'Elections matter,' Whitmire said at a press conference, commenting on the results of Tuesday's vote.

What exactly the order changes

Under the executive order, police may contact ICE only if a person is already being transported to jail on new criminal charges or active warrants, and only if there is a positive match with an ICE administrative warrant in the National Crime Information Center (NCIC) database. The document explicitly states that immigration status or a suspicion of being subject to immigration enforcement is not, by itself, grounds for contacting ICE. Officers are also prohibited from extending detention or taking a person into custody solely on immigration grounds. If a person is not being transported to jail on new charges or warrants, police should not report them to ICE.

Motives and possible consequences

Whitmire explained the changes as an effort to reduce fear and anxiety among Houston residents and to allow police to focus on public safety. Police Chief J. Noe Diaz said officers will focus on criminal offenses rather than civil immigration violations. The mayor acknowledged that the decision could carry political and legal consequences, but said he was ready to take responsibility for it.

A change of course after the elections

The announcement marks another reversal for Houston on cooperation with federal immigration authorities after months of disputes with Republican Governor Greg Abbott, who lost Tuesday's election to Democrat Gina Hinojosa — as did a number of other top state officials; Hinojosa will take office in January. Earlier this year, Abbott threatened to withhold about $110 million in public safety funding from Houston over local measures that limited police cooperation with ICE, and under that pressure the city changed its policy. The outlet notes that the Trump administration has also threatened to take action against cities where police limit cooperation with ICE, while national Democrats have promised to rein in the agency, calling its actions excessive and unlawful.