Houston police officers were given an order Wednesday that when they encounter an undocumented immigrant with an active warrant, they must call a sergeant to the scene and cannot transport the individual solely because of an administrative, or non-criminal, warrant.
Additionally, federal officers have 30 minutes to respond and determine whether the person will be taken into custody.
The announcement came in the wake of reports that two officers “deviated from policy” by arresting and transporting people to federal authorities solely because of an administrative warrant regarding their immigration status. The officers weren’t fired or even disciplined, but they were “consulted with,” said Police Chief Noe Diaz after reporters asked repeated questions at a press conference Wednesday about repercussions for violating the policy.
“They didn’t break the law,” Diaz said. “Starting today, when an officer receives a hit for an administrative immigration warrant, a sergeant will be called to the scene to review the circumstances, confirm the facts, and verify the existence of the warrant. This ensures that any decisions made in the field are carefully reviewed and supported by a supervisor.”
Diaz said the update clarifies directions initially given to HPD officers regarding the approximately 700,000 administrative immigration warrants entered into the National Crime Information Center last year. When any warrant is issued by any agency, HPD officers are required to notify the issuing department, which then provides guidance on how to proceed.
Several Houston City Council members have recently called for changes and accountability regarding the police department’s cooperation with ICE. Houston Mayor John Whitmire said he’s been consistent for over a year in saying that HPD does not function as immigration officers but it has to follow the law as set forth in Senate Bill 4. The two officers who violated the policy were young and made judgment calls, Whitmire said.
Diaz pointed out that, in some cases, an officer has chosen to drive a person with an outstanding warrant to a nearby police station, rather than waiting with them on the side of a highway, for safety reasons. They weren’t supposed to do that, but the policy needed clarification, Diaz said.
Whitmire criticized the media for what he said are headlines that create a culture of fear in the immigrant community and immigration advocates who have “politicized the process.”
“We should not have politics enter into something this sensitive,” he said. “I’ve had mayors of major cities call me and say, ‘How are y’all doing it?’ [We’re the] fourth-largest city in America. We haven’t had an ICE surge because I disagree with people without being disagreeable. We follow the law. Other mayors shoot the bird and talk vulgar. They plant the seeds of disruption across major cities in our nation. That’s not the experience here and it won’t be the experience on my watch as long as I’m mayor.”
Whitmire added that “HPD is a friend of everyone living within the boundaries of Houston, Texas.” Diaz echoed that sentiment, saying, “It’s personal to me. I’ve got family members who have green card statuses who can’t travel to see loved ones for fear of not being able to come back because of their green cards. We’re not insensitive to what is happening in our community.”
Moments after the press conference, Cesar Espinosa, executive director of the immigrant-led civil rights group FIEL Houston, issued a statement that indicated he wasn’t impressed with the new policy.
“Mayor Whitmire is not doing anything special,” Espinosa said. “He is just safeguarding the city from violations to our constitution. This policy is something that should have been in place from day one. We have known that Houston PD has collaborated with ICE in the past and for many months, Chief Diaz and Whitmire lied. They continue to hide under the guise of SB4 instead of showing true leadership and challenging these unfair laws. Let us remind Whitmire that other countries have had ‘laws’ that were unjust and courageous people took a stand to change history.”