NY Law Enforcement Cannot Hold Immigrants for ICE, NYCLU Reminds Legal Orgs

NEW YORK, NY – This week, the New York Civil Liberties Union (NYCLU) issued legal guidance to dozens of legal organizations across the state regarding enforcement of the decision in Francis v. DeMarco — a case brought by NYCLU in 2018 that ruled New York law enforcement do not have authority to enforce civil immigration law.

This action follows Nassau County Executive Bruce Blakeman’s announcement that the county would partner with Immigration and Customs Enforcement (ICE) to detain New Yorkers suspected of civil immigration violations.

“Despite what Bruce Blakeman and the Trump administration may think, it is illegal for New York law enforcement to detain someone on behalf of ICE,” said Amy Belsher, Director of Immigrants’ Rights Litigation at the NYCLU. “While officers have many well-defined, specific powers, detaining immigrants at the request of ICE is not one of them. We hope this guidance will serve as a reminder that those fighting Trump’s mass deportation machine have the law on their side.”

NYCLU’s guidance not only reminds legal organizations that Francis applies statewide, but also contains information on the following:

• What the decision in Francis establishes, and background on the case
• What is covered by the court’s decision
• How the decision impacts formal agreements between ICE and law enforcements, such as 287(g) agreements
• How the decision intersects with sanctuary laws

To read the NYCLU’s Francis guidance, please click here.

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