A conservative legal group has issued a guide to New York City police officers, asserting they have the right to contact U.S. Immigration and Customs Enforcement (ICE) directly, even when local sanctuary city policies might advise against it. The 35-page handbook, titled "Law Enforcement Officer Immigration Cooperation Guide," was released by America First Legal (AFL) as White House border czar Tom Homan prepares to increase federal immigration enforcement operations in the city.
The guide argues that Section 1373 of federal law prohibits state and local governments from preventing law enforcement officers from sharing information about a person's citizenship or immigration status with federal agencies like ICE. AFL contends that local directives cannot lawfully supersede this federal statute.
The document advises officers that they can contact ICE's 24-hour Law Enforcement Support Center to verify an individual's immigration status using only their name and date of birth. This is permissible, the guide states, "regardless of any local directive telling you not to."
This release follows Homan's recent statements indicating a significant surge of ICE agents into New York City. Homan has criticized New York City Mayor Zohran Mamdani for reinforcing the city's sanctuary status policies, arguing that such policies hinder cooperation with federal immigration enforcement and could lead to negative consequences.
Mamdani's administration has previously stated that aggressive civil immigration enforcement tactics by non-local agencies can undermine public safety by fostering fear. He signed an executive order directing the NYPD to review and update policies concerning communication and cooperation with federal immigration authorities.
America First Legal also suggests that sanctuary policies could expose local officials to legal risks, potentially including federal criminal charges for obstructing immigration enforcement. Additionally, the group posits that victims of crimes allegedly committed by individuals released despite ICE detainers might have grounds to sue such officials under federal civil RICO law.
The organization has also offered legal representation to officers who believe they have faced threats, discipline, or retaliation for cooperating with ICE.