Since Donald Trump made a campaign promise to undertake the largest deportation of immigrants in U.S. history, immigrant communities have eyed the potential presence of U.S. Immigration and Customs Enforcement (ICE) agents in the New York City shelters that house thousands of migrants.
NYC is a sanctuary city, which means it has local policies that protect undocumented immigrants from federal immigration enforcement. These policies limit cooperation between ICE and NYPD unless required by law, and sensitive locations including shelters, schools, and hospitals are barred from ICE entry — unless agents have a judicial warrant signed by a judge.
As President-elect Trump is set to be sworn in in January 2025, there are growing fears that his administration’s escalated immigration enforcement machine would target shelters on federal land where local sanctuary policies offer limited protection.
What laws protect immigrants in NYC shelters?
Sanctuary laws in NYC, such as Executive Order 41 and Local Law 228 of 2017, protect immigrants in city-operated shelters by limiting federal immigration enforcement activities.
Executive Order 41, issued in 2003, establishes strict confidentiality policies for immigration status and related information obtained by city agencies. It prohibits city employees, including shelter staff, from inquiring about immigration status unless that information is required by law or necessary to provide a service. The policy also ensures that personal information collected by city agencies cannot be shared with ICE without proper legal justification, such as a judicial warrant.
The Local Law 228 of 2017 bars NYC agencies from honoring ICE immigration detainers unless accompanied by a valid judicial warrant for specific serious crimes. This law ensures that city facilities, including shelters, remain safe spaces and do not become extensions of federal immigration enforcement.
NYC Mayor Eric Adams has voiced his willingness to repeal sanctuary city laws, which is legally dubious but, if passed, would make undocumented immigrants more vulnerable in NYC.
Can ICE enter shelters on federally-owned land?
While some shelters are on private property, others are on federally-owned land. The Adams administration in New York worries that President-elect Trump could conduct immigration raids on federal property, according to the New York Times. Trump’s team is considering penalizing sanctuary cities that refuse to cooperate with his deportation plans.
NYC is closing down the city’s sprawling shelter on Floyd Bennett Field, which sits on federally-owned land, and relocating the migrant residents elsewhere. Residents shared with Documented that they are relieved to no longer be staying on federal land.
“Given Floyd Bennett’s unique federal standing, it would be an easy target for a mass raid or for a conversion into a detention center,” stated a letter by mutual aid group Floyd Bennett Field Neighbors sent to the Adams administration on Dec. 2.
These concerns have left many wondering what protections, if any, apply to shelters on federal land.
“A sanctuary city is not a legal designation. It is a status a city adopts, usually by passing laws, regulations, and policies to protect immigrants. These are local laws and cannot be touched by the federal government, although they can put pressure on the city to rescind them or ignore them,” said Camille J. Mackler, Executive Director of Immigrant ARC (I-ARC), a collaborative of over 80 legal service providers in New York State.
But Mackler told Documented that ICE can raid any shelter, including those on federal property. “Whether they have the resources to do so is a different question, but legally, they are able to do that,” she said.
For ICE to lawfully enter a shelter, they must present a judicial warrant signed by a judge. This is different from an administrative warrant issued internally by ICE which does not grant agents legal authority to enter private spaces. If ICE agents do not have a judicial warrant, they need the explicit consent of the shelter staff to enter.
In NYC, shelter staff are instructed to request identification and a judicial warrant from ICE agents before taking any action. Residents should avoid sharing personal information, including immigration status, without first consulting a lawyer. These rights apply to everyone, regardless of their immigration status.
Residents and advocates can take action if ICE is suspected of violating protocols or unlawfully entering a shelter. The city encourages individuals to report such incidents by calling 311 or contacting organizations like the Legal Aid Society (212-577-3300) or the New York Immigration Coalition (212-627-2227). These organizations provide legal assistance and ensure accountability.
What resources are available to immigrant communities?
New York City’s immigrant communities have access to many resources to help them navigate these challenges.
ActionNYC offers free legal support through its hotline at 800-354-0365 between 9 a.m. and 6 p.m., Monday through Friday. You can also access the hotline by calling 311 and say “ActionNYC.”
Make the Road New York provides advocacy and legal services for immigrants. The Mayor’s Office of Immigrant Affairs (MOIA) is another vital resource that provides information and assistance to help residents understand their rights and available services.
While ICE is generally restricted from entering NYC shelters, immigrants should remain informed and vigilant. Understanding your rights and staying connected to legal and advocacy organizations can help protect you and your family during uncertain times.
