WHAT YOU NEED TO KNOW
  • Houston Mayor John Whitmire ordered police to stop notifying ICE during certain nonviolent encounters, even when someone has an outstanding immigration warrant.
  • ICE notification remains allowed when a suspect is arrested, charged with a new crime, and taken to jail.
  • Whitmire linked the change to incoming Democratic leadership after Democrats won every major Texas statewide position.
  • Trump said he expects Texas to continue his border policy and indicated he would act if it does not.

Houston’s Democratic mayor wasted little time after the midterm blue wave before putting distance between the city’s police force and federal immigration enforcement. Mayor John Whitmire announced Friday that officers would stop cooperating with U.S. Immigration and Customs Enforcement during certain encounters, delivering an early taste of what newly empowered Texas Democrats intend to change.

Under the new policy, Houston will no longer notify ICE when officers encounter illegal aliens during traffic stops or other nonviolent interactions, even when a person has an outstanding immigration warrant. Reports to ICE will be allowed when a suspect is arrested and taken to jail.

The previous requirement came from Republican Texas Gov. Greg Abbott, who lost his reelection bid Tuesday to Democrat Gina Hinojosa. Abbott had required law enforcement to alert ICE in those situations, but Whitmire is moving before the new state leadership formally takes power.

“If they’re charged with a new crime, we’ll let ICE know as we get them to the jailhouse,” Mr. Whitmire said in an interview with The New York Times. “We just are not going to deal with the nonviolent contacts.”

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Whitmire also said the shift was “certainly consistent with the new leadership in Austin,” a reference to Democrats winning every major statewide position in Texas on Tuesday. His description made the political timing hard to miss, with the mayor quickly aligning Houston policy with the election results.

“We won’t have new leadership until January,” Mr. Whitmire said. “But I’m willing to make a responsible decision that in the next two months we’re going to go to a more effective policy.”

At a Friday news conference, Whitmire cast the move as an attempt to relieve strain within Houston. “I do this to begin a healing process, reduce fear and anxiety across our community,” he said.

That explanation raises the obvious question the mayor’s critics are asking: whose fear and anxiety is the city prioritizing? The policy covers nonviolent contacts involving people residing in the country illegally, including those with outstanding immigration warrants.

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The dispute did not begin Friday. Houston passed an ordinance in April limiting cooperation with ICE, but the city rescinded it after Abbott threatened to withdraw $110 million in state funds.

Abbott’s funding threat had forced Houston to reverse course in April. Now Whitmire is again limiting cooperation while openly saying the decision fits the leadership that voters selected for Austin.

The distinction between violent and nonviolent contacts drew sharp criticism. The Media Research Center reacted on social media: “Houston Mayor John Whitmire ends cooperation with ICE for "nonviolent offenses." Mind you, this includes child pornography possession, drug dealing, fraud, DUI's, etc. How is this a good thing?”

Another social media critic, Brigitte Gabriel, called the decision disgraceful and questioned who needed healing after the election gains. Her post contrasted illegal aliens with outstanding warrants against American citizens and legal residents targeted by people who had no business being in the country.

The broader concern is that Houston’s move may be the first of many Democratic attempts to weaken border enforcement and give illegal aliens more room. The mayor’s speed certainly offers little comfort to voters who expected immigration laws to be enforced.

Republicans still have control of the executive branch, which offers a significant check on the incoming Texas leadership. President Trump spoke the day after the election and said he hoped Texas would continue carrying out his border policy.

“I am sure that the new governor is going to want to have security on this Texas border… And I’m sure they’ll continue my policy. And if they don’t continue my policies, I will.”

Trump’s statement left little ambiguity about his willingness to act if the incoming Texas government abandons his approach. For now, however, Whitmire has already made his choice: ICE notifications in Houston will be withheld during nonviolent police contacts unless an arrest sends the suspect to jail.

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