A conservative legal organization has released a guide telling New York City police officers they can contact U.S. Immigration and Customs Enforcement directly, even if local sanctuary policies prohibit such communication. America First Legal (AFL) published the 35-page "Law Enforcement Officer Immigration Cooperation Guide" as federal officials prepare for an intensified immigration enforcement operation in the nation's largest city.
The handbook argues that Section 1373 of federal immigration law bars state and local governments from preventing officers from sharing citizenship or immigration-status information with federal authorities. The guide specifically instructs officers they may contact ICE's 24-hour Law Enforcement Support Center to verify a person's status using only a name and date of birth, "regardless of any local directive telling you not to."
The release comes days after Tom Homan, the Trump administration's border czar, said he had reviewed plans to deploy "more ICE agents than you've ever seen" into New York City. Mayor Zohran Mamdani recently signed Executive Order 13 reinforcing the city's sanctuary-status policies, prompting the federal response.
What the Left Is Saying
Progressive advocates and city officials argue that sanctuary policies protect public safety by encouraging immigrant communities to cooperate with local police without fear of deportation. Mamdani's executive order states the city believes "aggressive tactics that certain non-local law enforcement agencies use in pursuing civil immigration enforcement actions... hinder public safety by creating a culture of fear."
Civil liberties organizations contend that local governments have the authority to set priorities for their own police forces and allocate resources according to community needs. They argue that sanctuary policies reduce fear among immigrant residents, making them more likely to report crimes or serve as witnesses without immigration enforcement.
Critics of federal pressure on sanctuary cities say forcing state and local officers into immigration roles diverts attention from core public safety functions and erodes trust between police and the communities they serve. Immigration advocates maintain that individuals should not be detained or questioned based solely on their perceived nationality or immigration status.
What the Right Is Saying
America First Legal, founded to "unapologetically and boldly defend the rights of everyday Americans," argues that sanctuary policies violate federal law and put residents at risk. AFL Senior Counsel James Rogers said: "Politicians who hide behind sanctuary policies are not above the law, and they have no right to bully or gag the officers who are trying to keep their communities safe."
Gene Hamilton, president of America First Legal, stated that officers "should never be forced to choose between following federal law and following unlawful directives to appease politicians committed to sanctuary policies." The guide contends that state and local governments may not prohibit officials from sending immigration-status information to federal authorities under Section 1373.
Conservative legal analysts argue that federal immigration law preempts conflicting local ordinances, meaning cities cannot lawfully bar officers from sharing basic citizenship information with ICE. AFL also suggests that officials enforcing sanctuary policies could face legal exposure, including potential federal criminal charges for obstructing immigration enforcement.
What the Numbers Show
Section 1373 of Title 8 of the U.S. Code states that "a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual."
New York City's sanctuary policies date back multiple administrations and are codified in city law. Executive Order 13, signed by Mayor Mamdani, directs the NYPD to review and update training on communication with federal immigration authorities.
Homan has declined to specify operational details of the planned ICE surge but characterized it as significant. "There's going to be a surge, and there needs to be a surge," he told Fox News last week.
The Bottom Line
The guide represents an escalation in the legal and political battle between the Trump administration and sanctuary cities over immigration enforcement authority. AFL is inviting officers who believe they were threatened or disciplined for cooperating with ICE to seek confidential legal representation from the organization.
New York City Hall did not immediately respond to requests for comment on the AFL guide. The legal question of whether Section 1373 requires local cooperation with federal immigration requests remains contested, with courts reaching different conclusions in various jurisdictions over the years.
What happens next: Courts may ultimately decide whether specific sanctuary policies violate federal law, or whether localities can limit their officers' voluntary communication with ICE while still complying with Section 1373. Officers navigating these conflicting directives face potential career and legal consequences regardless of which authority they follow.