It’s a crime to threaten someone with deportation as extortion or coercion based off their immigration status in New York, but many immigrants report their legal status has been weaponized against them by neighbors, landlords, or employers.
Helen T. failed to vaccinate her pet dog as required, and she overheard her landlord discussing the idea of reporting her to ICE to force her out. “It was my fault, wasn’t it?” T., who preferred sharing only her last initial, said. “If I’m reported, I’ll have to go back to China. There’s nothing I can do.”
T. isn’t alone. Some undocumented immigrants Documented spoke with said their legal status has been used against them by neighbors or acquaintances, sometimes over issues as small as personal grudges. In some cases, those making the threats were also immigrants.
What they may not know is that these kinds of threats are illegal. In 2021, Gov. Kathy Hochul signed legislation making it a crime in New York to threaten reporting someone’s immigration status as a form of extortion or coercion. Previously, such threats were only recognized as crimes in cases of labor and sex trafficking.
But since Trump took office, a wave of strict immigration policies and anti-immigrant rhetoric has left many undocumented immigrants feeling increasingly vulnerable, despite New York being a sanctuary state. While New York law protects undocumented immigrants from threats and extortion based on their immigration status, many immigrants say they are concerned whether it is still safe to report such cases to the police, especially amid shifting immigration stances from New York Mayor Eric Adams.
Also Read: Urgent Calls for Immigrants to Learn their Rights as ICE Targets NYC
At a Know Your Rights workshop hosted by Chinese Christian Herald Crusades in Flushing earlier this month, over 20 immigrants attended to learn more about resources for immigrants related to detention and victims’ rights, as well as how to prevent immigration fraud.
After overhearing her landlord discuss reporting her, T. decided to attend the workshop. “My landlord said he wanted to report me to ICE. Will I be deported?” T. asked, her voice slightly trembling.
An immigration lawyer at the workshop explained that it’s unclear how ICE would act on every tip about undocumented immigrants, especially those without criminal records. “But you should be careful when interacting with people,” the lawyer advised.
Grace L., an asylum seeker from China who arrived in early 2024, said at the workshop that her green card-holding roommate bullied her over her immigration status. With few resources, L., who also preferred only using her last initial, lived in an unlicensed boarding house in Flushing under harsh conditions — at times, sharing a one-bedroom apartment with 11 other women, all sleeping in bunk beds and sharing a single kitchen and bathroom.
L. said disputes over daily routines were common at the boarding house, but immigration status created a hierarchy among the tenants. L. said her green card-holding roommate often treated her and another undocumented migrant condescendingly, demanding priority access to shared spaces like the kitchen. After Trump’s election, she noticed the hostility only worsened.
Last month, after a minor dispute, the roommate insulted her, calling her “a poor and evil illegal” and threatened to report her to ICE. “Because I have no legal status, I have to stay silent — I don’t want to cause trouble,” L. said.
Immigrants: Know your rights
The 2021 law, S.343-A/A.3412-A, was enacted under the backdrop of a rise in threats against undocumented immigrants following President Donald Trump’s first term, during which his administration implemented a “zero-tolerance” immigration policy.
Assemblymember Michaelle Solages, who originally introduced the law with former Senator Anna Kaplan, said she was motivated to act after receiving many inquiries in their office about instances where individuals, such as landlords, business owners, and intimate partners, were threatening people due to their immigration status, especially during Trump’s first administration.
“After hearing many of these instances, we put in legislation to ensure that people could be held accountable for making those threats,” said Assemblymember Solages. New York State also passed the Protect Our Courts Act in 2020, another bill introduced by Solages that requires ICE to have a judicial warrant to enter courthouses, allowing people to go to and from court without the threat of ICE.
Also Read: Trump Wants Adams to Push Immigration Enforcement — But What Can He Actually Do?
Now, with Trump back in office, anti-immigrant sentiment is surging once again, immigration advocates say.
“In this political climate, unfortunately, people are receiving threats from neighbors, anti-immigrants, employers, landlords, even abusive partners,” said Razeen Zaman, director of immigrant rights at Asian American Legal Defense and Education Fund (AALDEF). “All sorts of relationships where there may be some kind of power dynamic, people are now utilizing and weaponizing someone’s immigration status,” she added.
Zaman emphasized that undocumented immigrants have legal protections. “There’s a deep misconception that undocumented people have no rights,” she said. “They not only are entitled to a lot of basic constitutional rights, but they’re also entitled to state law rights and city and locality rights, depending on jurisdiction they’re under.”
Despite these legal safeguards, many undocumented immigrants remain unaware of their rights, sometimes even at the hands of law enforcement.
A.G. Jiang, an undocumented immigrant who arrived in the U.S. seeking asylum in 1990, said his immigration status was used against him after he reported being assaulted by his roommate last September. When police arrived, Jiang’s roommate, who only speaks Chinese, attempted to report Jiang’s undocumented status through a translator. Though the translator did not relay the information to the police, they dismissed Jiang’s concerns, telling him, “Don’t mind it, [your roommate] just slipped it out.”
“How could the translator say it so easily?” said Jiang, who requested to use only his first initials for privacy reasons. “[My roommate] is using my immigration status against me — it’s discrimination!”
Jiang fears that Trump’s return to office will make life even harder for undocumented immigrants. “I think many undocumented people who are victims of crimes are now afraid to call the police,” Jiang said.
‘Exploiting some of the most vulnerable’
Last month, Trump’s Border Czar, Tom Homan, proposed a hotline for Americans to report undocumented immigrants suspected of crimes. Critics question its efficiency, effectiveness, and how it differs from the existing similar ICE tip line, which has been operating for over two decades and receives an average of 15,000 calls per month. Others also warn that it could embolden vigilante groups and lead to racial profiling and increased discrimination. In Missouri, Sen. David Gregory proposed a $1,000 bounty program for reporting undocumented individuals.
“It puts a chilling effect on the immigrant community, and it doesn’t speak to the spirit of our state,” said Assemblymember Solages, referring to Homan’s attempt to create the hotline and the Trump administration’s intensified crackdown on undocumented immigrants in the name of public safety. “There are already legal avenues for individuals to report people doing bad things. It’s called 911. I think it’s just this administration playing politics with immigrant communities. They need to be focused on the real issues that matter to Americans and not scapegoat the immigrant community,” Assemblymember Solages added.
Also Read: What Is The Difference Between ICE and Police?
She emphasized that laws protecting immigrants’ rights remain in effect and encouraged immigrants to exercise their rights. “If there are threats, I encourage people to call the authorities and to reach out to also many of the immigrant legal groups that can provide support and protection for you. People are not alone. You’re not alone,” said Assemblymember Solages.
Legal experts also warn that those who attempt to report someone’s immigration status may face legal consequences.
“The audacity, honestly, to go after people who they consider ‘illegal’ while committing a whole plethora of illegal actions themselves is outrageous,” said Zaman, who noted that, under the 2021 legislation, verbal or written threats to report someone’s immigration status to ICE can be considered a Class A misdemeanor, punishable by up to 364 days in jail and a $1,000 fine.
“If you’re violating the law in this regard and really exploiting some of the most vulnerable and terrorizing members of our society, you should absolutely be held accountable,” she said.
Zaman also pointed out that the law provides a possible pathway to legal status. She suggested that undocumented immigrants who experience such threats can file a police report, which could help them qualify for a U Visa, a visa for crime victims that may lead to a green card.
However, Zaman noted that the law does not prevent someone from reporting an undocumented immigrant to ICE outright — it only criminalizes the act of using that as a threat.
At the city level, the New York City Human Rights Law prohibits landlords, employers, and others from using immigration status to exploit or discriminate against individuals. The New York City Commission on Human Rights (CCHR) can impose civil penalties of up to $150,000 for violations and up to $250,000 for malicious or willful discrimination.
Also Read: U Visa: Eligibility for Adjusted Immigrant Status By Witnessing a Crime
Still, Jennifer Chao, senior staff attorney at the New York Legal Assistance Group (NYLAG), warned that the Trump administration’s encouragement of neighbors turning against one another sends a dangerous signal, undermining the safety of immigrant communities and making them more vulnerable to exploitation and abuse. This, she emphasized, makes it more critical than ever for undocumented immigrants to know their rights. “There’s a lot of fear and a lot of fear propaganda out there, and people utilizing this fear to hurt each other and to threaten each other, way more than what the federal government is actually able to do,” Chao said.
纽约华男被控假冒ICE 实施投资移民诈骗
Chao urged those facing threats to seek help from available resources and advocates. “If a landlord is threatening you, reach out to housing advocates or the tenants’ rights unit at organizations like NYLAG,” she said. “If an employer is making threats, labor advocates can assist.”
Despite growing fears, Chao reassured undocumented residents that New York City remains a sanctuary city. “It should still be safe to go to the NYPD,” she said, adding that victims of threats may also explore legal options such as contacting the district attorney’s office or applying for a U Visa if the threats amount to a crime.
CCHR also advises anyone who experiences or witnesses discrimination or harassment to report it by calling (212) 416-0197 or filling out CCHR’s online complaint form. Complaints can be filed anonymously, and the commission does not ask for immigration status. Additionally, the Mayor’s Office of Immigrant Affairs provides free and confidential legal support.
Reflecting on her experience, L. expressed regret over trusting her roommate. “When I first arrived in the U.S., I felt close to people from my home country, so I shared my immigration status with them. I never expected them to use it to humiliate and trample on me,” she said. “You don’t have to help me, but don’t bully or hurt me.”
