Houston Mayor John Whitmire signed an executive order Friday establishing a new Houston HPD ICE policy. The order limits when Houston police officers may contact federal immigration authorities about people in custody.
Que Onda Magazine attended the Nov. 6 announcement. The two-page order took effect immediately after Whitmire signed it.
Houston HPD ICE Policy Sets New Conditions
Executive Order 1-74 directs the Houston Police Department to update its rules governing contact with U.S. Immigration and Customs Enforcement.
Under the order, HPD personnel may contact ICE only when two conditions are met. The person must already be going to jail on new charges or another warrant. Officers must also receive a positive National Crime Information Center hit for an ICE administrative warrant.
An administrative immigration warrant alone cannot serve as the basis for an arrest, prolonged detention or transfer into custody. Officers also cannot contact ICE when a person would otherwise receive a citation, warning or release.
The order states that immigration status or suspected immigration enforcement “shall not, by itself,” justify contacting ICE. It also directs HPD to ensure that officers do not hold people in the field solely for ICE pickup.
Whitmire Emphasizes Public Safety
Whitmire said the policy will focus city resources on people accused of serious crimes. Meanwhile, residents handling work, school and family responsibilities should not face ICE contact over minor encounters.
The mayor said Houston would pursue immigrants “that pose a danger,” rather than those going about their daily lives. He also said officers would not contact ICE over nonviolent offenses that do not carry jail time.
The order defines a “jailable offense” as a criminal charge that legally permits detention after an arrest. It does not include offenses that normally require release with a citation.
For qualifying cases, officers must follow HPD procedures covering the timing, method and documentation of contact with ICE. The police chief must issue an updated departmental circular implementing the order.
New Order Follows Months of Debate
Houston officials have faced months of debate over administrative immigration warrants. ICE added hundreds of thousands of those warrants to the national law enforcement database in 2025.
Earlier HPD guidance required supervisory review when officers received an administrative warrant alert. It also directed officers to contact the agency that issued the warrant.
City Council later debated how HPD could protect constitutional rights while following state and federal requirements. Texas officials also challenged Houston policies that restricted cooperation with immigration authorities.
Whitmire’s latest order says local police resources should prioritize emergencies, violent crime investigations and community trust. It also cites Fourth Amendment protections against unreasonable searches and seizures.
Immigrant advocacy organization FIEL Houston welcomed the announcement. Executive Director Cesar Espinosa said the city must now follow through with effective implementation. ICE had not issued an immediate public response to the policy announcement.
The new Houston HPD ICE policy marks a significant change for routine police encounters. Houston residents should continue reporting crimes and emergencies, regardless of immigration status, while HPD prepares its updated procedures.