The U.S. Department of Homeland Security is pushing back against Houston Mayor John Whitmire’s decision to limit when police officers contact federal immigration authorities, warning that reduced cooperation could result in a more visible ICE presence in the city.
In a statement provided to KPRC 2 Friday afternoon, a DHS spokesperson criticized local officials who seek to restrict cooperation with U.S. Immigration and Customs Enforcement, just hours after Whitmire announced changes to the Houston Police Department’s immigration enforcement procedures.
“We remain disappointed that sanctuary politicians seek to limit cooperation with ICE, as our law enforcement are simply fulfilling their sworn duties to serve and protect our communities,” the spokesperson said.
The response follows Whitmire’s announcement that HPD officers will no longer contact ICE solely because someone has an administrative immigration warrant during an encounter that does not result in an arrest.
Under the new policy, officers will contact ICE when someone is arrested for a jailable offense and also has an administrative ICE warrant.
In its response, DHS defended cooperation between local police departments and federal immigration authorities, arguing that such partnerships are essential to immigration enforcement.
“Partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country,” the spokesperson said.
The department also warned that restrictions on cooperation could change how federal agents conduct enforcement operations.
“When politicians bar local law enforcement from working with DHS, our law enforcement officers have a more visible presence so that we can find and apprehend the criminals let out of jails and back into communities,” the spokesperson said.
The statement did not explicitly announce an increase in ICE operations in Houston or identify any planned changes to federal enforcement activities in response to Whitmire’s executive order.
DHS also cited examples of five people it said ICE had arrested in Houston who had prior convictions involving crimes such as homicide, burglary, assault, kidnapping and a sexual offense against a child.
The agency provided photographs and names of those individuals but did not establish that their arrests were connected to the city’s previous ICE notification policy or explain how the new restrictions would have affected those cases.
During Friday morning’s news conference, Whitmire acknowledged that his decision could draw opposition from state and federal officials.
“I understand there’s risk,” Whitmire said. “I will take that risk and I know I’m doing right.”
The mayor said the change was intended to reduce fear and anxiety among Houston residents, particularly immigrant families concerned about encounters with local law enforcement.
“I do this to begin a healing process,” Whitmire said.
Whitmire also pointed to Tuesday’s statewide election results, saying he had spoken with newly elected Texas officials and believed the incoming state leadership would take a different approach to immigration enforcement.
“Elections matter,” Whitmire said repeatedly.
The mayor previously defended HPD’s immigration enforcement procedures amid warnings from state officials that Houston could lose substantial public safety funding if it failed to comply with Texas immigration laws.
On Friday, he said the change reflected both his longstanding opposition to Senate Bill 4, Texas’ sanctuary city law, and his belief that the city’s financial position would be less vulnerable under incoming state leadership.
Houston Police Chief J. Noe Diaz said the department began distributing the updated directive to officers Friday.
Under the policy, someone stopped for a minor traffic violation who receives only a citation would no longer be referred to ICE solely because of an administrative immigration warrant.
However, the policy does not prohibit HPD from contacting ICE in every circumstance.
Officers will still notify federal authorities when someone with an administrative immigration warrant is arrested for a jailable offense.
Diaz also emphasized that HPD does not participate in a federal 287(g) agreement, which allows certain local law enforcement agencies to perform designated immigration enforcement functions.
The mayor’s order does not restrict ICE agents from independently conducting federal immigration enforcement operations within Houston.
DHS emphasized that distinction in its statement, citing the U.S. Constitution’s Supremacy Clause.
“The Supremacy Clause makes it clear that sanctuary politicians do not control federal law enforcement,” the spokesperson said.
Read DHS’ full statement below:
“We remain disappointed that sanctuary politicians seek to limit cooperation with ICE, as our law enforcement are simply fulfilling their sworn duties to serve and protect our communities. Every day, ICE officers are putting their lives on the line to arrest violent criminal illegal aliens in accordance with federal law. The Supremacy Clause makes it clear that sanctuary politicians do not control federal law enforcement.
“Partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country. Seven of the top 10 safest cities in the United States cooperate with ICE. When politicians bar local law enforcement from working with DHS, our law enforcement officers have a more visible presence so that we can find and apprehend the criminals let out of jails and back into communities.
“We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $3,000 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to return to the U.S. the legal way, to pursue the American dream. If not, you will be arrested and deported without a chance to return.”
DHS spokesperson
Immigrant advocacy group FIEL Houston welcomed Whitmire’s announcement Friday, describing it as a victory after months of calls for changes to HPD’s interactions with immigration authorities.
“Today Houston won. Today our community can breathe easier,” FIEL Executive Director Cesar Espinosa said in a statement.
However, Espinosa argued that the changes should have been implemented months earlier, when Houston City Council initially approved restrictions on police contact with ICE.
The organization reiterated its broader demand for ICE to leave Houston.
The contrasting responses highlight an ongoing dispute over the role local police should play in federal immigration enforcement.
While Whitmire maintains that the revised policy will allow HPD to focus on public safety without unnecessarily involving ICE in routine encounters, federal officials argue that local cooperation is an important part of identifying and arresting people they consider public safety threats.
For now, HPD’s new directive is in effect, and DHS has not announced any specific enforcement changes in response.
