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By Hollie Silverman
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Two cities in Texas are taking steps to restrict how local law enforcement interacts with U.S. Immigration and Customs Enforcement (ICE) following the midterm elections, led by an executive order in Houston and planned administrative updates in Austin.
On Tuesday, Democrats swept every statewide race in the Lone Star State, Republicans' most populous stronghold, ending a three-decade losing streak in the state.
Democratic state Representative James Talarico defeated Republican Ken Paxton, the state's scandal-plagued attorney general, to win a U.S. Senate seat, while state Representative Gina Hinojosa toppled three-term Republican Governor Greg Abbott to become the state's first Latina governor.
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Houston Mayor John Whitmire, a Democrat, signed an executive order this week directing the Houston Police Department to notify ICE only when a person with an administrative immigration warrant is arrested for a jailable offense. Under the new policy, officers will no longer contact federal authorities solely because an administrative warrant appears during an encounter that results only in a warning or citation.
"I do this to begin a healing process, reduce fear and anxiety across our community," Whitmire said on Friday during a news conference. "I also do this knowing that elections matter."
Whitmire added that he views the executive order as "the right thing to do at the right time" and expressed hope that Houston's actions could serve as a template for municipal governments across the state.
In Austin, Mayor Kirk Watson, a Democrat, announced Friday that he directed Police Chief Lisa Davis to draft revisions to the Austin Police Department’s general orders regarding federal immigration authorities.
Newsweek reached out to ICE by email Saturday for comment.
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Federal Enforcement Encounters Fuel Local Debate
The actions follow a series of fatal encounters involving federal immigration officers that happened this year.
In January, U.S. citizens Renee Nicole Good and Alex Pretti were fatally shot by federal immigration officers in Minneapolis. On July 7, an ICE officer fatally shot Mexican national Lorenzo Salgado Araujo during an attempted arrest in Houston.
Federal officials stated that Salgado Araujo attempted to use his vehicle against an officer, prompting the agent to fire in self-defense. Family members and civil rights organizations have demanded an independent investigation into the incident. Senator-elect Talarico later posted on X that he placed his "I voted" sticker at a memorial for Salgado Araujo.
The policy shifts reflect broader efforts by local governments nationwide to limit the use of local police, employees, facilities, and tax funds for federal civil immigration enforcement.
The pushback comes during an intensified federal immigration campaign under President Donald Trump, whose administration established a target of 1 million deportations annually. The Migration Policy Institute estimates that ICE and U.S. Customs and Border Protection (CBP) executed roughly 980,000 formal removals and returns during the first 18 months of Trump’s second term.
White House spokeswoman Lauren Bis criticized the municipal moves in an email statement to Newsweek on Saturday.
“This will make Texans less safe," Bis said. "Seven out of 10 of the safest cities in the United States cooperate with ICE. Once again, Democrat politicians are putting criminal illegal aliens above the safety of American citizens.”
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State Preemption and Legal Constraints
Texas law limits how far local jurisdictions can go in curtailing cooperation with federal authorities.
Senate Bill 4, the state’s 2017 anti-"sanctuary cities" law, restricts cities and police departments from banning or materially limiting officers from assisting federal immigration agents. Additionally, Texas Government Code §752.053 prohibits local entities from establishing policies that restrict officers from cooperating with federal authorities when deemed reasonable or necessary.
Houston’s new policy does not sever ties with ICE, nor does it hinder federal agents from conducting independent enforcement operations within the city. Officers remain required to contact ICE when an individual with an administrative warrant is booked on a jailable charge.
In Austin, any proposed changes to police general orders must undergo review by the city attorney to ensure compliance with state statutes.
Austin previously altered its enforcement guidelines earlier this year. In March, Austin police adopted a policy allowing, but not requiring, officers to contact ICE regarding administrative warrants when no arrestable charge existed. The department subsequently adjusted its guidance in April to state that officers "should" contact ICE when operationally feasible, following state threats to withhold approximately $2.5 million in grant funding.
Local leaders have signaled support for further restrictions. Austin City Council member Mike Siegel called on the city to "immediately limit police cooperation with ICE to the minimum required by federal law," while Council member Vanessa Fuentes advocated for "limiting local police contact with ICE."
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Cities With Rules Limiting Cooperation With ICE
A number of municipalities outside Texas adopted or strengthened restrictions on local involvement in civil immigration enforcement this year. The rules vary significantly and generally do not prevent federal authorities from independently enforcing federal immigration law.
- Biddeford, Maine—Approved October 20, 2026: The Biddeford City Council unanimously approved restrictions on municipal employees and resources being used to assist federal immigration enforcement, subject to legal and judicial-warrant exceptions. The ordinance is scheduled to take effect November 19. It comes after the death of Joan Sebastian Guerrero at the hands of ICE agents.
- Upper Darby, Pennsylvania—September 16, 2026: The township restricted the use of local personnel, money, equipment, facilities and databases for civil immigration enforcement and barred detention solely on an administrative immigration warrant or civil detainer. The ordinance contains exceptions for criminal investigations, authorized task forces, emergencies, judicially authorized transfers and legally required cooperation.
- Philadelphia—April 23 and May 7, 2026: The Philadelphia City Council passed its seven-bill "ICE Out" package on April 23. Mayor Cherelle Parker signed six measures on May 7 and allowed a seventh concerning masks and identification to become law without her signature. The measures restrict areas including municipal assistance with civil immigration enforcement, immigration-status information, staging on city property and warrantless access to nonpublic city facilities.
- Portland, Maine—Approved May 4, 2026: Portland strengthened restrictions on city employees assisting federal civil immigration enforcement, including limits on access to nonpublic municipal property and sharing sensitive information. The ordinance preserves cooperation required by law or supported by a judicial warrant.
- Davis, California—April 7, 2026: Davis expanded its sanctuary-city rules to restrict city staff and resources from assisting civil immigration enforcement. The ordinance also limits immigration-status information sharing and the use of city property for immigration-enforcement staging or operations, subject to federal and state legal requirements.
- Lewiston, Maine—March 17, 2026: Lewiston voted 5-2 to make permanent restrictions first imposed through an emergency ordinance in February. The rules restrict city employees and resources from being used to assist federal immigration-enforcement operations except when required by law or judicial order.
- Buffalo, New York—January 26, 2026: Buffalo issued an executive order restricting the use of city property, equipment, money and employees for federal civil immigration enforcement. The order preserves cooperation involving criminal investigations, judicial warrants and circumstances in which cooperation is legally required.
Cities including Boston; Seattle; New York City; Newark, New Jersey; Jersey City, New Jersey; Providence, Rhode Island, and San Diego have also adopted measures restricting specific aspects of federal immigration enforcement, including staging on city property, access to nonpublic facilities or sharing locally held information.
A new law banning police and sheriff's departments in New York from working with ICE took effect in August.
Whether other Texas cities follow Houston's example will determine whether the post-midterm developments grow into a broader statewide trend.
Newsweek*’s reporters and editors used Martyn, our AI assistant, to produce this story. Learn more about Martyn here.* Contact Newsweek editors for this story: Steve Mollman and Anthony Murray.
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