The Houston Police Department will no longer alert U.S. Immigration and Customs Enforcement if an officer stops a person who has committed a non-violent offense. Officers will now only notify ICE if the stop has led to a jailable arrest.
Breaking news
In a Nov. 6 press conference, Mayor John Whitmire announced the changes with HPD Chief Noe Diaz. Whitmire said that he signed an executive order to change the department’s policy effective immediately.
“I do this to begin a healing process to reduce fear and anxiety across our community,” Whitmire said. “I also do this knowing that elections matter. I’ve been in contact with the new statewide elected officials, and SB 4 is not a priority.”
Senate Bill 4, or SB 4, is a state law that prohibits sanctuary city policies in Texas. It also requires local law enforcement agencies and jails to comply with ICE’s detainer requests for individuals.
“I was on the Senate floor when it was approved,” Whitmire said. “I voted no because we were concerned about the fear and anxiety it would create. But I do know that the original intent for SB 4 was to remove violent criminals, and the new policy is going to do just that.”
Whitmire said that unless people are being charged with jailable offenses, which include violent crimes, officers will not contact ICE.
Whitmire said he is doing this now under the current governor’s administration, even though the newly elected state officials have not been sworn in yet.
“I had to listen last year to the current leadership in Austin, the ones who told us that our finances were at stake,” he said. “We depend on state resources for most of our city services.”
The background
HPD had a longstanding guideline requiring officers who encountered someone with an ICE warrant to contact the agency and wait up to 30 minutes for the agents to respond. However, in April 2026, several council members proposed and passed a new guideline prohibiting officers from holding people based solely on ICE warrants, ultimately eliminating the 30-minute rule.
Gov. Greg Abbott responded by saying he would withhold state public safety funding, and the council changed the policy to allow officers to detain people for a “reasonable” amount of time while waiting.
The new rule requires officers to contact ICE only when a person with an ICE warrant is charged with a jailable offense, Whitmire said.
Whitmire said the policy of holding people for a “reasonable amount of time” is also subjective.
Also of note
Democrats flipped control of the Texas House of Representatives in the Nov. 3 election, while Republicans retained their majority in the state Senate. Democratic Gov.-elect Gina Hinojosa defeated incumbent Gov. Greg Abbott and is expected to take office in January 2027.
Whitmire said he spoke with several incoming elected officials who said that SB 4 would be deprioritized.
The policy changes take effect immediately.
