New York: A Sanctuary City in a Sanctuary State?
Immigrants currently living in the United States have a right to be concerned about the new executive government set to take the reins of power in just a few short weeks. Incoming President Donald J. Trump has repeatedly promised “massive deportations” on “day one” of his new administration. Although the latest rhetoric along these lines focuses the first wave of deportations on people who have committed crimes while in the country, it is clear that the government does not intend to stop there; anyone in the U.S. without proper documentation should be rightfully worried about when the government will be coming for them.
If you are facing deportation or removal proceedings, you do have rights, but getting experienced legal representation is your first and most important step to exercising those rights. Even in New York, where state and local officials might not actively help federal agents, your stay in the United States could still be in peril in just weeks or months. In New York City, contact Queens immigration lawyer Scott Messinger at Gladstein & Messinger, P.C., to speak with an experienced and dedicated New York deportation defense lawyer.
Is New York a Sanctuary State?
While there is no official definition of the term, a “sanctuary city” or “sanctuary state” is a city or state that has a policy of not cooperating with federal immigration officials when it comes to deporting immigrants. For instance, law enforcement or judicial officials in a sanctuary jurisdiction would not reach out to Immigrations and Customs Enforcement (ICE) whenever they detain someone who might be undocumented, or provide a mechanism for ICE agents to detain individuals at the police station or courthouse as soon as they are released from custody.
In that regard, New York is already a sanctuary state and has been for many years. Former Governor Andrew Cuomo signed Executive Order 170 back in 2017 during the first Trump administration. EO 170, which has not been rescinded, prohibits state agencies from asking an individual about their immigration status or cooperating with federal immigration authorities in most instances. Another law passed in 2020 says that federal immigration officers cannot make arrests in local and state courthouses.
On the other hand, migrants who have broken the law should not expect any sanctuary under the current state and national mood. New York Governor Cathy Hochul declared in a press conference in November that she would be the “first one” to call ICE and say, “Get them out of here,” meaning deport undocumented immigrants who have broken the law. “I don’t want them here,” she said. Governor Hochul is on record making such statements as far back as February of last year.
However, the governor is supportive of people seeking asylum in the U.S. as well as migrants here on Temporary Protected Status (TPS), which allows them to live and work in the country lawfully on a temporary basis. Trump, meanwhile, has taken a harsh stand against TPS, vowing to end the program for many immigrants currently in the country. Incoming border czar Tom Homan has raised the possibility of deporting whole families, including children born in the United States who enjoy citizenship by virtue of their birth (birthright citizenship is another long-standing right Trump has expressed a desire to end, despite it being enshrined in the U.S. Constitution since 1868).
Homan, who previously served as acting director of ICE, is set to lead deportations as Trump’s border czar, and he has clearly set his sights on undocumented immigrants who have not committed any offense other than unlawful entry. Says Homan, “When you enter this country illegally you have committed a crime. You are here illegally and you are not off the table.”
So while asylum seekers might be at the mercy of the incoming administration, it seems they can expect some measure of protection in the state of New York, where state officials and law enforcement won’t actively cooperate with federal agents to deport them. Yet Hochul hasn’t directly spoken out regarding the hundreds of thousands of undocumented immigrants living and working in New York, including recipients of Deferred Action for Childhood Arrivals, who may be here without proper documentation but are not actively seeking asylum. It’s unclear what the state’s policy will be when federal agents come knocking to massively deport these individuals and families.
What About New York City?
New York City has policies in place making the Big Apple a sanctuary city. These policies are meant to keep local law enforcement agencies from cooperating with ICE and are not limited to individuals who have applied for asylum or TPS. In NYC, local law enforcement is prohibited from honoring ICE detainer requests, which would hold undocumented immigrants in custody for 48 hours rather than release them to give ICE the time to come and get them. The Supreme Court has said that immigration enforcement is the sole duty of the federal government, so there is no legal duty on the part of state or local governments to assist in that process.
Just north of the city, Westchester County has an Immigration Protection Act on the books that says when local law enforcement is allowed to inquire of individuals about their citizenship status and how such information can be shared with federal immigration enforcement. Although the county does not call this act a sanctuary measure, it does specifically prevent the county from expending resources to help federal investigations based on national origin and other forms of identity.
Meanwhile, Queens County’s neighbor to the east has gone out of its way to express positive support for Trump’s deportation plans. Nassau County Executive Bruce Blakeman is on record saying, “The Nassau County Police Department will cooperate with Customs and Border Patrol, ICE, the FBI, and anybody else who wants to make sure these people [undocumented immigrants] are returned to the countries they came from.”
Get Help With Deportation Defense in New York
If you are facing deportation or removal proceedings, seeking asylum, or if the government has taken steps to end your Temporary Protected Status, Gladstein & Messinger, P.C., will work to find a solution for you and represent you in any court proceedings to protect your rights and advocate for your ability to remain in the U.S. Contact us today at 718-793-7800 in New York or toll-free at 800-339-0535 to discuss your case and learn more about your legal options.
