A new legal guide released by a conservative nonprofit has added another layer to the ongoing conflict between federal immigration enforcement and New York City’s sanctuary policies, arguing that individual police officers can communicate directly with U.S. Immigration and Customs Enforcement (ICE) even if local policies discourage such cooperation.
The 35-page “Law Enforcement Officer Immigration Cooperation Guide,” published by America First Legal, also offers confidential legal consultations for state and local government employees who say they have faced discipline or retaliation for cooperating with federal immigration authorities.
The guide comes as New York City continues defending its sanctuary policies while federal officials prepare to expand immigration enforcement operations across the city.
Guide Says Officers Can Contact ICE Directly
America First Legal bases its legal argument primarily on Section 1373 of Title 8 of the U.S. Code.
According to the organization, the federal law prohibits state and local governments from preventing government officials from sending or receiving information regarding an individual’s citizenship or immigration status.
The guide states that local law enforcement officers may contact ICE’s 24-hour Law Enforcement Support Center and request an immigration-status check by providing a person’s name and date of birth.
According to the guide, officers may make such requests even if local sanctuary policies discourage or restrict cooperation with federal immigration authorities.
Guide Reflects Legal Interpretation, Not a Court Order
Although the guide presents a broad interpretation of federal law, it does not represent a court ruling or a new federal directive.
Instead, it reflects America First Legal’s legal interpretation of existing federal statutes.
The guide does not automatically invalidate New York City’s sanctuary laws or guarantee that officers who contact ICE would be protected from internal disciplinary action or legal challenges.
Legal experts note that Section 1373 specifically addresses the exchange of immigration-status information. It does not require local police departments to:
- Conduct civil immigration arrests.
- Hold individuals for ICE under civil detainer requests.
- Participate directly in federal immigration enforcement operations.
Mayor Zohran Mamdani Continues Support for Sanctuary Policies
The release of the guide comes during heightened tensions between New York City officials and the federal government over immigration enforcement.
Mayor Zohran Mamdani, who took office as New York City’s 112th mayor on Jan. 1, signed Executive Order 13 on Feb. 6, directing the NYPD and several other city agencies to review policies governing communication and coordination with federal immigration authorities.
City officials argue that strong sanctuary protections encourage immigrant communities to cooperate with police by reducing fears that routine interactions with local authorities could lead to immigration enforcement.
According to the mayor’s administration, maintaining trust between law enforcement and immigrant communities helps improve public safety and encourages victims and witnesses to report crimes.
The executive order also instructs city agencies to protect identifying information while complying with applicable federal, state, and local laws.
What New York City’s Sanctuary Policies Allow
New York City’s sanctuary laws do not prevent ICE from operating within the city.
Federal immigration agents continue to have independent authority to investigate immigration violations and make arrests.
However, city policies generally limit how municipal agencies may assist federal immigration enforcement.
According to testimony presented by the city’s Department of Investigation earlier this year, local laws generally:
- Restrict the sharing of certain immigration-related information.
- Limit compliance with ICE detainer requests unless specific legal conditions are met.
- Prohibit city agencies from participating in civil immigration enforcement activities.
In addition, a 2026 city law prohibits federal immigration authorities from maintaining office space on Department of Correction property, including facilities at Rikers Island.
Border Czar Says Larger ICE Operation Is Planned
The legal guide was released shortly after White House border czar Tom Homan announced that ICE intends to significantly increase immigration enforcement efforts throughout New York City.
According to Homan, upcoming operations are expected to target all five boroughs:
- The Bronx
- Brooklyn
- Manhattan
- Queens
- Staten Island
Federal officials have not disclosed how many agents will participate or when the operations will begin, stating that releasing operational details could compromise officer safety and allow enforcement targets to evade arrest.
Homan has also stated that federal authorities have arrested nearly 6,500 undocumented immigrants with criminal histories across New York City since President Donald Trump returned to office. That figure was provided by Homan and the White House, though no detailed public breakdown has yet been released.
Federal and City Officials Continue to Disagree
Homan has argued that sanctuary policies make immigration enforcement more dangerous because ICE agents must locate individuals in neighborhoods rather than taking custody of them in secure jail settings.
New York City officials and immigrant advocacy organizations reject that argument, maintaining that local police should not serve as an extension of federal civil immigration enforcement.
They contend that separating local policing from immigration enforcement helps improve cooperation with law enforcement and strengthens community safety.
Officers Could Face Difficult Legal Questions
The immediate impact of America First Legal’s guide may be uncertainty for individual law enforcement officers.
An NYPD officer who contacts ICE may believe federal law permits that communication under Section 1373.
However, city officials could still argue that the officer violated department policies or other local regulations that they believe do not conflict with federal law.
If such disputes arise, they could result in internal disciplinary proceedings or court challenges that test how federal immigration law interacts with New York City’s sanctuary policies.
America First Legal Offers Representation
America First Legal has indicated it is prepared to defend officers who face consequences for cooperating with federal immigration authorities.
According to the organization, it may provide legal representation for officers or other public employees who experience disciplinary action, retaliation, or lawsuits after engaging in what the group considers lawful communication with ICE.
Debate Likely to Continue
The disagreement reflects a broader national debate over the balance between federal immigration authority and local control of policing.
At the center of the dispute are questions about how much information local police departments may voluntarily share with federal immigration officials, whether sanctuary policies can limit that communication, and the extent to which federal law preempts local restrictions.
With federal immigration operations expected to expand in New York City and city leaders continuing to defend sanctuary policies, legal challenges over these issues could become increasingly significant in the months ahead.
