After increased detentions, Harris County DA provides cards to identify immigrant witnesses
After multiple cases of witnesses taken into immigration custody, Harris County District Attorney Sean Teare has instructed investigators to notify the DA’s general counsel if a witness is arrested on an immigration warrant, according to an email sent by Teare April 5 and obtained by the Houston Landing.
The DA’s office also instructed investigators to provide cards to witnesses if they learn or reasonably believe that the person does not have a legal immigration status, the email states. The card, issued in English and Spanish, identifies the person as a witness and provides the cause number and a phone number to confirm their cooperation with the DA.
This guidance comes after an increase in immigration enforcement operations in the Houston area since President Donald Trump took office that has worried immigrant communities. It highlights the tensions between local law enforcement agencies, which often rely on immigrants to report crimes and aid prosecution, and immigration enforcement, which enforces civil immigration violations.
“We continue to manage an evolving situation involving the intersection of our prosecutorial responsibilities, particularly regarding combatting violent crime, with the federal government’s authority to enforce immigration law,” Teare said in the email to employees.
Witnesses detained by ICE
The most notable case of a witness caught in the immigration enforcement dragnet is Carmelo Gonzalez, a Guatemalan immigrant who is the key witness in the murder of his 11-year-old daughter Maria. Gonzalez was nearly deported in February after being taken into ICE custody after a DWI, according to ABC 11.
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Immigration enforcement has impacted prosecutions because immigrant witnesses, victims and relatives are scared to come to the courthouse, Teare said in an interview with ABC 11 about the case.
The DA’s office did not immediately respond to Houston Landing’s request for comment further elaborating on its policy. Teare has previously said that immigration enforcement is not the job of the DA’s office.
“Our job is to see that justice is done and that’s what our prosecutors are going to do,” Teare said in a January interview with KRPC.
An ICE spokesperson said that in cases of immigrants aiding an ongoing case, the agency cooperates with district attorney offices through writs of habeas corpus, a legal mechanism to challenge an individual’s detention.
The agency also works with prosecutors and law enforcement agencies to ensure that an immigrant attends all their court hearings, the ICE spokesperson said.
State and federal pressures
Since Trump took office, local Houston immigrant advocates have called on city and county law enforcement to clarify their position on ICE cooperation and enact policies that allow immigrants to feel safe collaborating with police or investigators.
However, state and federal policies to crack down on so-called “sanctuary cities” protecting immigrants have made some institutions hesitant to enact policies that could be seen as hindering immigration enforcement.
Under a 2017 state law known as SB 4, Texas law enforcement agencies cannot prohibit or discourage immigration enforcement. The Texas Attorney General has initiated investigations against nonprofits aiding immigrants, including Houston immigrant rights organization FIEL. Trump’s Justice Department sued Chicago for allegedly impeding immigration enforcement, sending a strong message to cities across the country in his first weeks in office.
The email clarifies that the DA cannot determine the outcome of a witness’s immigration case, but rather aims to keep residents safe. The guidance is meant to “further facilitate information sharing and to make sure that ICE understands our concerns.”
“To be clear, we cannot promise any individual that their status as a material witness will affect ICE’s ultimate decision making,” Teare wrote in the email.
“However, we want to make certain that we are doing everything we can to advance public safety and advocate for victims and survivors.”
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