What Does It Mean for New York City to Be a Sanctuary City?
Throughout the election, Donald Trump promised to enact an unprecedented campaign of mass deportations, saying he wants to remove “as many as 20 million” people from the United States during his second administration.
A trio of early personnel choices — Stephen Miller as deputy chief of staff for policy, South Dakota Gov. Kristi Noem for homeland security secretary and former Immigration and Customs Enforcement head Tom Homan as “border czar” — indicate that the incoming president is very serious about following through with his pledge.
What are the Sanctuary Laws in New York City?
The creation of local sanctuary policies in New York City go back at least to 1989 when then-Mayor Ed Koch signed an executive order creating the city’s first sanctuary policy, which bars city officials from sharing information about immigrants unless it’s regarding a criminal matter, or there’s express written permission by an individual immigrant to do so.
Does the State of New York Have Any Added Protections for Undocumented Immigrants?
On the state level, the governor and state legislature would be responsible for enacting stronger protections. In 2020, then-governor Andrew Cuomo spearheaded the passing of legislation and an executive order to prohibit ICE from arresting immigrants at courthouses and other state government facilities.
Can ICE Still Make Arrests in New York City?
Yes. ICE can arrest anyone who is not a U.S. citizen, explained criminal defense attorney Robert Osuna, who has extensive experience with clients in immigration proceedings.
Do Sanctuary Protections Mean the NYPD Don’t Arrest or Charge Certain Immigrants Charged with Crimes?
No. In New York City, they get processed the way any other person would regardless of their immigration status.
What Do Critics of the Sanctuary Policies Want to Change?
President-elect Trump was a vocal critic of sanctuary cities in his last term, and was eventually successful in his attempt to block them from receiving federal funding — though a long legal process delayed his policies until early 2020, and President Biden rolled them back upon taking office.
Conclusion
Sanctuary cities, including New York City, have policies in place to limit how local authorities interact with federal immigration authorities. These policies aim to protect undocumented immigrants from unfair or unwarranted law enforcement actions like arrests, detention, or deportation. While critics of sanctuary cities, including President-elect Trump, want to change these policies, advocates argue that they are essential for public safety and the well-being of immigrant communities.
FAQs
Q: What is a sanctuary city?
A: A sanctuary city is a local government that has policies in place to limit how it interacts with federal immigration authorities.
Q: What are the sanctuary laws in New York City?
A: The sanctuary laws in New York City, which date back to 1989, bar city officials from sharing information about immigrants unless it’s regarding a criminal matter, or there’s express written permission by an individual immigrant to do so.
Q: Can ICE still make arrests in New York City?
A: Yes, ICE can arrest anyone who is not a U.S. citizen, regardless of the city’s sanctuary policies.
Q: Do sanctuary protections mean the NYPD don’t arrest or charge certain immigrants charged with crimes?
A: No, the NYPD still arrests and charges individuals, regardless of their immigration status.
Q: What do critics of sanctuary policies want to change?
A: Critics of sanctuary policies, including President-elect Trump, want to change them to allow for more cooperation between local authorities and federal immigration authorities.
