Yves here. New York City’s Mayor Tom Adams complained early and often about how the Biden liberalization of southern border entry resulted in a migrant influx that taxed city services, particularly to the homeless. That plus his former life as a police officer makes it not surprising that he would like to cooperate with the Trump Administration push to round up “criminal” illegal immigrants. But how does this square with sanctuary city laws?
Note that it is not clear that Trump’s campaign will be anywhere near as aggressive as originally signaled. Early talk of “mass deportations” which would take a massive amount of resources, appear to have been scaled back to a still pretty tall order of finding and removing the roughly 1.3 million immigrants with final deportation orders. As for the idea of deporting “criminals,” the numbers are not negligible but does include those who already left the US on their own. Nevertheless, from NBC in 2024:
According to ICE’s fiscal year 2023 budget justification, there were 405,786 convicted criminal immigrants on the non-detained docket as of June 5, 2021, just under five months after Trump left office, indicating many crossed during the Trump administration. As of July of this year, according to the data provided by ICE to Rep. Gonzales, over 435,719 convicted criminal immigrants were on ICE’s non-detained docket.
As the article below explains, Adams would like to cooperate with acting ICE director on criminal removals. It points out that Adams ducked the question of exactly what “criminal” meant in this context, as in whether it included suspects, who do have due process rights. But it would seem that ICE detention for the purpose of pursing a case against them would not violate due process requirements.1
But Adams is faced with sanctuary city laws enacted under the previous mayor, Bill de Blasio. The article below acknowledges that there are carveouts for convictions of various crimes, as opposed to mere charges. Here is where things presumably get messy. If the crimes are or arguably have a Federal nexus (say the alleged crime was committed in another state), the sanctuary city laws do not allow New York City employees to obstruct justice. Presumably all they can do is not cooperate. But where do you draw that line?
Gothamist was less measured that THE CITY was below and led with Adams’ threat to use executive orders to get around the sanctuary city laws. From Gothamist:
Mayor Eric Adams on Thursday said he would issue an executive order to amend the city’s sanctuary laws during a fiery 10-minute press conference that followed his meeting with Tom Homan, the incoming ‘border czar’ for the Trump administration.
The mayor began his remarks by accusing the press and others of distorting his comments. In recent weeks, Adams has suggested that undocumented New Yorkers are not entitled to due process. He later walked back the statement. He said on Thursday that the city would not be a “safe haven” for those who have “committed crimes,” but neglected to specify whether he was referring to people who had been convicted of a crime, or just charged with one…
Adams, who’s faced repeated questions about his stance on sanctuary laws, has been unclear about exactly what additional crimes and circumstances he believes should allow city officials to cooperate with federal immigration officials. On Thursday, he mentioned using executive orders to target repeat offenders.
Finally keep in mind that even though Homans has been baring his teeth, his threats against mayors have been limited to one who interfere with the removal of convicted criminals. But as the story below shows, Adams says he will pursue criminals that are engaged in violent activity, which suggests he will go beyond the convicted and will also pursue suspects.
By Yoav Gonen, a senior reporter for THE CITY, where he covers NYC government, politics and the police department. Originally published at THE CITY on December 12, 2024
Mayor Eric Adams on Tuesday said he and incoming border czar Tom Homan “have the same desire” when it comes to dealing with migrants, immigrants and the undocumented: “To go after those who are committing repeated violent acts.”
The mayor’s comments came roughly an hour after he met at Gracie Mansion with Homan, whom president-elect Donald Trump has tapped to serve in his incoming administration.
Following the meeting, Adams took questions from the press for about 10 minutes, saying he was keeping it short because reporters have been distorting his views on the topic. Advocates and political rivals have recently accused Adams of hardening his rhetoric on migrants since Trump won the presidency last month.
“We’re going to protect the rights of immigrants in this city that are hard working, giving back to the city in a real way,” said Adams. “We’re not going to be a safe haven for those who commit repeated violent crimes against innocent migrants, immigrants and long-standing New Yorkers.”
The city’s ability to cooperate with U.S. Immigration and Customs Enforcement was curtailed under Mayor Bill de Blasio, Adams’ predecessor. However, both their administrations have allowed local government agencies to cooperate with ICE in cases where undocumented immigrants are convicted of any of about 170 serious and violent crimes.
Adams has not specified what power he would like beyond that existing policy. Adams, who’s been critical of the administration of President Joe Biden for not providing more financial and other assistance for dealing with an influx of migrants, also said his position on immigration enforcement hasn’t changed, despite the growing criticism.
Reporters asked Adams Tuesday whether he wants city agencies to cooperate with ICE without having to wait for a conviction of a crime, but he didn’t reply. An administration press release later in the day specifically mentioned convictions, saying the mayor is “exploring lawful processes to remove from New York City individuals who have been convicted of a major felony and lack legal status to remain in the United States.”
Adams said he’s also asked the City Hall legal team to see whether they’re allowed to speak with ICE attorneys about how to operationalize his and Homan’s desire to go after violent offenders. He has previously asked his attorneys whether he can address the issue unilaterally through executive orders. Any changes to city law would need approval of the City Council, whose leaders have not indicated a desire to do so.
Homan didn’t immediately comment publicly on the meeting. But he said earlier this week in Chicago that he’s been asked to run the biggest deportation effort in the country’s history and that he plans to start in the Midwest city.
“If your Chicago mayor doesn’t want to help, he can step aside,” Homan reportedly said at a holiday gathering of a Republican group. “But if he impedes us — if he knowingly harbors or conceals an illegal alien — I will prosecute him.”
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1 Even the very liberal New York State allows for suspects to be incarcerated without bail, colloquially “kept on remand,” if they are deemed a flight risk. An illegal alien, with weak/no ties to the community, would be seen as a flight risk.
