Houston Mayor John Whitmire told police on Nov. 6 to stop calling ICE about most people they cite and release, and said he did it "knowing that elections matter." Now three council members want that order written into city law, and Whitmire's own office says doing so "would put the City of Houston at even greater risk of violating state law." That state law, Senate Bill 4, has not changed since Election Day.

What did Whitmire's order actually change?

According to the Texas Tribune, the executive order tells officers to contact ICE only when a suspect has an ICE warrant and has also committed a jailable offense. People cited for nonviolent offenses are cited and released. Police Chief Noe Diaz put it plainly: "HPD will no longer contact ICE if they have an administrative warrant and they are not arrested."

Administrative ICE warrants are the civil warrants immigration officers issue for things like outstanding deportation orders. They are not signed by a judge. Under the old practice, a traffic stop that turned up one of those warrants meant a call to ICE. Under the new order, the driver goes on his way.

Whitmire did not hide the reason for the timing. "I do this to begin a healing process. Reduce fear and anxiety across our community," he said at his news conference, KPRC reported. "I understand there's risk. I will take that risk and I know I'm doing right." He also said, per NewsNation, that "SB 4 is not a priority of the new statewide elected officials."

Why is the mayor fighting his own allies on an ordinance?

On Monday, council members Tiffany Thomas, Alejandra Salinas and Edward Pollard submitted an ordinance using the same language as the order, KHOU reported. It would amend Section 34-41 of the city code and add quarterly public reports on police contacts with ICE. Pollard said the executive order "is just a policy" that a future mayor could undo.

Whitmire's office answered that he "stands by his executive order" and that adding provisions "would put the City of Houston at even greater risk of violating state law," ABC13 reported Tuesday night. Read that again. The mayor's office is conceding the risk exists for the order he already signed, and arguing only about how much more of it Houston should take on. Salinas said a council vote could come within weeks after legal review.

What does SB 4 say?

The 2017 law is short and blunt. A city "may not adopt, enforce, or endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws," the enrolled bill text reads. It also bars a city from limiting an officer from "assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance."

The penalties are written into the same chapter. A city a court finds intentionally violated it faces $1,000 to $1,500 for the first violation and $25,000 to $25,500 for each one after that, and "each day of a continuing violation" counts separately. An elected official who violates it forfeits the office, and the statute says the attorney general "shall" file to remove that official when presented with evidence, "including evidence of a statement by the public officer."

Hasn't Houston tried this before?

Seven months ago. On April 8 the council passed, 12-5, an ordinance barring officers from detaining people or extending traffic stops over civil ICE warrants. Salinas and Pollard were among its sponsors. Gov. Greg Abbott's office answered on April 13 with a letter threatening $110 million in public safety grants, Houston Public Media reported. Whitmire called it "a crisis situation."

Three days later, Attorney General Ken Paxton sued. His April 16 release objected that the ordinance kept officers from stopping, arresting or holding someone "based upon an ICE administrative warrant while they are working in the field." Paxton said, "Under my watch, no Texas city will be a safe harbor for illegals."

On April 22 the council voted 13-4 to revise the ordinance, Texas Standard reported, and Abbott's press secretary called it "a step in the right direction." Salinas told Whitmire then, "It is unfortunate that you are unwilling to take this fight to court." I could not find a court record showing how Paxton's suit was resolved.

Who enforces SB 4 between now and January?

The same men who enforced it in April. Abbott lost to Democrat Gina Hinojosa and Paxton lost his Senate race, but both stay in office until their successors are sworn in. Democrat Nathan Johnson takes over the attorney general's office in January, KXAN reported. Even then, repealing SB 4 takes the Legislature, and NewsNation reports Republicans still hold the state Senate.

The federal side has already weighed in. A DHS spokesperson told Fox News, "We remain disappointed that sanctuary politicians seek to limit cooperation with ICE." ICE posted on X that "watching child porn and selling heroin" count as nonviolent offenses, Malay Mail reported. The Tribune said Abbott's office did not immediately respond to its request for comment.

What the record settles

Whitmire did not wait for a new governor or a new attorney general. He acted while the officials who sued him in April still hold the power to do it again, under a statute that counts every day of a violation separately and names the official's own statements as grounds for removal. His apparent bet is that the outgoing team will not bother. His own office's warning about the ordinance shows he knows the law has not moved, even if the election did.

Header photo: Houston Mayor John Whitmire speaks at the city's Veterans Day ceremony, Nov. 11, 2024. Photo by Ed Uthman via Wikimedia Commons, CC BY 2.0.