All New York City agencies, including public schools and the shelter system, can let federal authorities searching for undocumented immigrants onto their property without warrants if city personnel “reasonably feel threatened” by their presence, according to a new policy rolled out by Mayor Adams.
The new policy, which comes as President Trump’s administration is threatening mass deportation raids in the city and across the country, was contained in a Jan. 13 memo disseminated by Adams’ office to the general counsels of all municipal agencies.
Under New York’s longstanding sanctuary policies, city workers aren’t supposed to give agents from U.S. Immigration and Customs Enforcement and other federal agencies access to city property like shelters, schools, jails and hospitals unless they’re armed with judicial warrants signed by a federal judge authorizing a specific individual’s arrest.
But the memo, a copy of which was obtained by the Daily News, says city workers can forgo the warrant requirement if the federal agents threaten their safety or the safety of others.
“If, at any time, you reasonably feel threatened or fear for your safety or the safety of others around you, you should give the officer the information they have asked for [if available to you] or let them enter the site,” the memo addressed to all city agencies says.
The memo doesn’t define what a reasonable fear would be in such a setting.
But a source familiar with the matter told The News the new policy was influenced by threats Trump and his team have lobbed since his November election, saying they will seek to criminally prosecute any local and state officials in the country who seek to interfere with federal immigration enforcement.
The threats from Trump’s team have specifically been aimed at sanctuary jurisdictions like New York, Chicago and other cities that limit cooperation with federal immigration authorities.
If city workers don’t fear for their safety, they should still ask for judicial warrant paperwork from any federal immigration agents before allowing them entry to their workplaces, according to the memo. The document also directs city workers to immediately call agency lawyers if agents show up.
The memo explicitly discourages city workers from trying to “conceal, harbor or shield from detection” any undocumented immigrant being sought by the feds, noting that doing so could be a “federal crime.”
The local news outlet Hell Gate first reported earlier this week that the memo was recently sent to a few local non-profit groups operating migrant shelters on behalf of the city.
The memo’s revelation comes after the first deportation raids under Trump took place in the city last week. While none of those raids occurred on city government property, Trump says he wants agents to be able to conduct immigration enforcement in sensitive locations like schools and houses of worship.
Liz Garcia, a spokeswoman for Adams, said late Thursday the mayor’s new policy is meant to protect city workers.
“We are responsible for safeguarding the well-being of our city staff, which is why we have directed city employees not to put themselves in harm’s way during federal immigration enforcement interactions,” she said. “Employees are advised to contact their legal counsel in such situations and to avoid verbal or physical altercations, as this could compromise their safety and hinder critical city services.”
Immigration advocates and a major labor union representing city-contracted workers criticized Adams’ new policy.
“Under this new guidance, our members will be put in an impossible situation of performing their duties of keeping shelter residents safe while the city gives them contradictory and unclear guidance,” said Manny Pastreich, president of 32BJ, a politically powerful union that represents thousands of security guards staffing city-owned buildings like shelters.
“For example, the guidance directs employees and contractors to allow ICE into facilities if they ‘feel’ ‘fear.’ Our members should not be put in the position of having to make that decision. The Adams administration should take responsibility to ensure its policies and guidance are consistent with the law.”
Power Malu, a local immigrant advocate who has helped provide services to thousands of newly arrived asylum seekers over the past few years, said the directive amounts to Adams rolling out “the red carpet” for Trump’s deportation effort.
“He wants to show [Trump] that in his city he’s going to cooperate,” said Malu. “This is the red carpet. This is saying, ‘You have the green light to go and do whatever you need to do, and my staff and my agencies have been instructed to not stay in your way.’”
Adams has for months said he believes the city’s sanctuary status law are too expansive and needlessly prevent his administration from cooperating with federal immigration authorities in cases involving individuals accused of crimes.
Adams, who has come under fire for what critics see as an overly close working relationship with Trump as he remains under federal indictment on corruption charges, said last year he was looking at the possibility of using executive power to undo some of the city’s sanctuary protections. To date, he hasn’t taken any such executive action.
It’s unclear whether Adams’ policy could cause a legal challenge, given the city’s existing sanctuary laws.
The Legal Aid Society, which has sued Adams’ administration over a variety of policies since he took office, declined to comment Thursday when asked whether it’s considering suing.
But Kathryn Kliff, a Legal Aid staff attorney, called the new guidance “deeply alarming” and urged Adams’ administration to “retract this memo.”
“This guidance is deeply alarming and will likely deter vulnerable individuals and families with children from entering the local shelter system due to fear of detention and deportation,” she said.
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