Eve is here. New York City Mayor Tom Adams complained early and frequently that Biden’s liberalization of southern border entry would lead to an influx of immigrants and strain city services, especially the homeless. Add to that his past record as a police officer, and it’s no surprise that he would want to cooperate with the Trump administration’s push to round up “criminal” illegal immigrants. But how does this reconcile with sanctuary city laws?
Note that it is not clear whether the Trump campaign will be as aggressive as originally suggested. Early talk of “mass deportations” that would require vast resources appears to have been reduced to a still fairly difficult mandate to locate and remove approximately 1.3 million immigrants in the final deportation order. As for the idea of deporting “criminals,” that number is not negligible, but it also includes those who have already left the United States on their own. However, starting with NBC in 2024:
According to ICE’s fiscal year 2023 budget justification, as of June 5, 2021, less than five months after President Trump left office, there were 405,786 convicted criminal immigrants on non-custodial records. This shows that many people have crossed the border under the Trump administration. As of July of this year, more than 435,719 convicted criminal immigrants were on ICE’s non-custodial records, according to data provided by ICE to Rep. Gonzalez.
As explained in the article below, Adams wants to work with the Acting Director of ICE on removing criminals. They note that Adams sidestepped the question of what exactly is meant by “criminal” in this context, and whether it includes suspects with due process rights. However, detaining ICE for the purpose of pursuing cases against them does not appear to violate due process requirements. 1
But Adams faces a sanctuary city law enacted under former Mayor Bill de Blasio. The article below acknowledges that there is a cut to convictions for various crimes, as opposed to mere charges. This is where things can get tricky. The Sanctuary City Law does not authorize obstruction of justice by New York City officials when the crime is or likely has federal connections (such as the alleged crime was committed in another state). Perhaps all they can do is not cooperate. But where do you draw the line?
The Gothamists were not as cautious as THE CITY was under, led by Adams’ threat to use an executive order to circumvent the city’s sanctuary laws. From Gothamist:
Mayor Eric Adams said Thursday during an intense 10-minute press conference after meeting with the Trump administration’s next “border czar” Tom Homan that he would issue an executive order to revise the city’s sanctuary law.
At the beginning of his remarks, the mayor accused media outlets of distorting his comments. Mr. Adams has suggested in recent weeks that undocumented New Yorkers are not entitled to due process. He later recanted that statement. He said Thursday that the city will not be a “safe haven” for people who have “committed a crime,” but is he referring to people who have been convicted of a crime or who have just been charged with a crime? He did not specify whether he was referring to people in the area.
Mr. Adams has been repeatedly asked about his stance on sanctuary laws, but he has not specified specifics about additional crimes or situations in which city officials should be allowed to cooperate with federal immigration authorities. On Thursday, I mentioned implementing an executive order targeting repeat offenders.
Finally, keep in mind that even though Homans is baring his teeth, his threats against the mayor are limited to those who interfere with the removal of convicted criminals. But as the story below shows, Adams has said he goes after criminals who engage in violent acts, which suggests he goes beyond the convicted to go after suspects as well. .
Written by Yoav Gonen, senior reporter for THE CITY, covering government, politics, and police in New York City. First published on THE CITY on December 12, 2024
Mayor Eric Adams said Tuesday that he and incoming border czar Tom Homan have “the same desire” to “go after repeat violent offenders” when it comes to dealing with immigrants, immigrants and illegal aliens. said.
The mayor’s comments came about an hour after he met with Homan, whom President-elect Donald Trump has nominated for the post in his next administration, at Gracie’s mansion.
After the meeting, Adams took questions from reporters for about 10 minutes, which he said he cut short because reporters were distorting his views on the topic. Advocates and political opponents have recently accused Mr. Adams of toughening his rhetoric on immigrants since Mr. Trump won the presidential election last month.
“We will protect the rights of hardworking immigrants in this city and truly give back to the city,” Adams said. “We will not be a safe haven for people who repeatedly commit violent crimes against innocent immigrants, immigrants, and longtime New Yorkers.”
Immigrant rights advocates protest in front of City Hall on December 12, 2024, over a meeting between Mayor Eric Adams and incoming border czar Tom Homan. Credit: Ben Fractenberg/THE CITY
Under Mr. Adams’ predecessor, Mayor Bill de Blasio, the city’s ability to cooperate with U.S. Immigration and Customs Enforcement was curtailed. But both administrations allow local government agencies to cooperate with ICE if an undocumented immigrant is convicted of about 170 serious and violent crimes.
Adams has not specified what powers he wants beyond existing policy. Adams has criticized President Joe Biden for not providing more financial or other aid to deal with the influx of migrants, but despite the growing criticism, he has maintained his own stance on immigration enforcement. He also said that his position had not changed.
Reporters asked Adams on Tuesday if he wanted city officials to cooperate with ICE without waiting for a conviction, but he did not respond. An administration report released later that day specifically mentioned the convictions, the largest of which was “to remove from New York City individuals convicted of serious felonies and who do not have legal status to remain in the United States.” We are considering legal proceedings.”
Mr. Adams also asked City Hall’s legal team to see if he would be allowed to speak with ICE attorneys about how to implement his and Mr. Homan’s desire to go after violent criminals. said. He had previously asked his lawyers whether the issue could be addressed unilaterally through an executive order. Changes to city law would require approval from the city council, but city leaders have not indicated any intention to do so.
Homan did not immediately comment publicly on the meeting. But he said earlier this week in Chicago that he was being asked to carry out the largest deportation operation in the country’s history and would start in the Midwestern city.
“If the mayor of Chicago doesn’t want to help, then he can stand down,” Homan reportedly told a Republican group’s holiday rally. “But if he gets in our way, if he knowingly harbors or conceals illegal aliens, I will prosecute him.”
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1 Even the highly liberal state of New York allows suspects to be jailed without bail, or colloquially “held on remand,” if they are deemed a flight risk. Undocumented immigrants with weak or no ties to the community are considered flight risks.
