John Whitmire signed an order telling Houston police to stop calling ICE over a civil immigration warrant when the person is otherwise free to go. Three City Council members now want to put that rule into city law. If the mayor meant what he said on Friday, why should he object? Read the executive order.
Council Members Alejandra Salinas, Edward Pollard and Tiffany Thomas are using Proposition A, which allows three members to bring an item to the council agenda. As reported, their proposal would keep Whitmire’s rule for when officers call ICE. A civil immigration warrant alone would no longer trigger a call during a routine stop. If the person is already going to jail on a new charge or a criminal warrant, HPD can still contact ICE about the immigration warrant. The proposal would also add details to HPD’s existing quarterly reports, including why a person was booked and whether they were a victim, witness, or suspect. Houston Chronicle reporting.
There’s a good reason to make the rule last beyond one mayor. In April, Council passed limits on HPD cooperation with ICE, then backed away after Gov. Greg Abbott threatened $114 million in public safety funding. Whitmire changed course after the November election and said himself that elections matter. The three council members are asking whether Houstonians should have to wait for the next election to find out if the policy will change again. The Texas Tribune on Whitmire’s reversal · The April funding dispute.
That’s where I see the trap. If Whitmire fights the ordinance, he risks looking like he wants to keep the door open to broader cooperation with ICE. If he lets it pass, Republicans who favor closer cooperation can accuse him of moving Houston toward sanctuary-city policies. Both Republican and Latino voters mattered to his 2023 coalition. A University of Houston poll before the runoff found that 82 percent of Republican respondents and 55 percent of Latino respondents intended to vote for him. University of Houston runoff polling, Table 4.
Whitmire says an ordinance could run afoul of Senate Bill 4. Texas law defines a city policy to include both an order and an ordinance. If the council proposal crosses a legal line, the mayor should show us the sentence that crosses it and explain how it differs from what he signed. Houstonians can judge that for themselves once they see the language. Texas Government Code, Chapter 752 · Whitmire’s response.
The question for Whitmire is whether he’s willing to give Houston a rule that lasts after he leaves office. He’s already told us it’s the right policy. Now let’s see if he’ll stand behind it when it’s Council’s turn to act.