Houston City Council Votes to Limit Houston Police Interactions With ICE

In a 12-5 vote, the Houston City Council approved an ordinance that would prevent the Houston Police from detaining people for civil warrants

ICE arrest in 2014 | Courtesy of DHS | Public Domain

Typically, police are only allowed to detain people on civil warrants issued by a court for contempt. These are known as bench warrants. Administrative warrants, like those issued by Immigration and Customs Enforcement (ICE) and not a court, do not authorize local police to arrest or detain people. This is a legal question that has been the subject of much debate, but the 10th Amendment draws the line relatively clearly here.

In 2012, the Supreme Court agreed, saying that an Arizona law requiring local and state police to detain or arrest suspected undocumented immigrants without a criminal warrant conflicted with federal law. The ruling was partly based on Fourth Amendment concerns around prolonging detention to conduct an immigration check beyond what is required for the initial stop, clarifying that a person cannot be unilaterally detained or arrested solely on an administrative warrant.

However, by authorizing ICE to conduct civil arrests using administrative warrants signed by supervisory immigration agents instead of a judge, Congress empowered the agency to act virtually on its own as a paramilitary agency, much like Border Patrol. These loosely granted powers have led the Department of Homeland Security (DHS) to allow ICE to enter homes without warrants, using civil warrants signed by a random supervisor as justification.

Meanwhile, the broader implementation of ICE’s 287(g) program since 2003 empowers local police to act as immigration agents and local facilities, such as jails, to be used as detention centers. This program, along with DHS Fusion Centers that share information about everyone in the U.S. between local, state, and federal agencies, in many ways, circumvents the court’s ruling. State agencies now act as federal law enforcement, blurring the line between federal and state authority more than ever.

The new city ordinance in Houston, passed in a 12-5 vote, attempts to draw a line between federal and state enforcement powers by explicitly prohibiting Houston police officers from detaining people or prolonging traffic stops solely because of administrative civil warrants not issued by a court of law. Previously, Mayor John Whitmire’s policy required officers to call ICE if an immigrant had a non-criminal warrant and hold them for 30 minutes, giving ICE agents a chance to respond.

The Houston Police Officers Union and an ICE representative opposed the ordinance.

Many in Houston have argued that ICE enforcement operations under Trump, and the agency’s demands that local law enforcement participate, are taking resources and tax dollars away from their communities. It becomes more outrageous when discussing how unlawful presence in the United States isn’t a crime in itself and doesn’t carry a criminal penalty, but a civil penalty punishable by 3- or 10-year reentry bans and possible monetary fines. Penalties may also make someone inadmissible and ineligible for visas or adjustment of status without first obtaining waivers.

The ordinance also requires the Mayor’s office to submit regular reports about immigration enforcement involving the Houston Police Department. It does not restrict HPD from accessing DHS Fusion Centers or coordinating with ICE in various other ways, such as sharing crime database information and jail data to track potential noncitizens for deportation.

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Arturo is an independent freelance journalist. He has written hundreds of articles on policing, immigration, race, and Latin America. His work has been featured in outlets such as Unicorn Riot, The Antagonist Magazine, Latino Rebels, and more. Arturo is also on TikTok, Twitter, Facebook, Instagram, Mastodon, and Threads. To support his work, become a paid subscriber or donate via Venmo, PayPal, or Cash App.