The Adams administration had the right motivation to protect city employees dealing with newly assertive federal immigration agents in writing a guidance memo. But the memo contains a contradiction that has riled advocates and unions and City Hall is wisely working on clarifying the instructions for the interactions.
The single-page document, called “Procedure for In-Person Interactions with Non-Local Law Enforcement: Guidance for City Employees,” was, as the Daily News reported last week, distributed to the general counsels at every department and agencies.
There are 13 numbered steps listed. They say things like municipal workers should request identification from the immigration officers, inquiry the nature of their visit, ask for any judicial warrants or subpoenas and make copies of everything, while contacting agency lawyers and following their attorneys’ directions and avoid any altercation. All sound practices.
But then there is step No. 9 which says in full: “If, at any time, you reasonably feel threatened or fear for your safety or the safety of others around you, you should give the officer the information they have asked for (if available to you) or let them enter the site.”
As a mayoral spokeswoman said: “We are responsible for safeguarding the well-being of our city staff, which is why we have directed city employees not to put themselves in harm’s way during federal immigration enforcement interactions.”
Of course, no one should be put at physical risk if armed ICE agents are threatening city workers or employees of contracted nonprofit with arrest, but armed ICE agents should not be threatening those people with arrest. ICE is a law enforcement agency whose sworn officers are bound to follow the law and present the correct court-issued warrants or subpoenas.
There should be no fear for security guards or others interacting with agents.
Where there is fear is among immigrant New Yorkers, and not just among the undocumented that President Trump and his border czar Tom Homan promise to deport. There are thousands of immigrants here with legal status who are also worried as well as relatives who are full U.S. citizens.
The Trump Department of Justice is now suing the city of Chicago and the state of Illinois in federal court over their sanctuary policies and there may be a case brought against New York as well.
That legal dispute will be handled by the courts and will certainly end up before the Supreme Court.
As City Hall tries to balance the requirements of state and local sanctuary laws with federal imperatives, not having security guards and other municipal workers caught in the gears makes sense. But every security guard at every housing facilities or school or hospital can’t have a lawyer at their side 24 hours a day.
What sanctuary means is that immigration status should not be a factor for a child attending public school, for an ailing person with a communicable disease to seek medical help, for a crime victim or a witness to contact the police to file a report.
ICE, like the FBI or the NYPD, cannot warrantlessly barge into hospitals, schools or shelters. Law enforcement agency are bound to follow the law themselves.
