New York as a Sanctuary City, what does it mean to you and what kind of protection can you actually count on?

New York as a Sanctuary City is like a number of cities in the United States that follow certain policies protecting illegal immigrants. These policies can be by law or by action. The argument for sanctuary cities is that people are more willing to report crimes, use health and social services, and enroll their children in school when they do not fear deportation and family break-up among families who are in the country illegally.  

Simply, the term is used for cities that refuse using its’ resources to further enforcement of federal immigration laws. Further, sanctuary cities normally do not permit police or city employees to inquire about one’s immigration status. 

Anti-immigrant groups believe that sanctuary cities breed problems caused by undocumented immigrants. In January 2017 Donald Trump, who spearheads this anti-immigrant sentiment, signed an executive order that proclaimed that states would not be eligible for certain grants from the Department of Justice if they disobeyed federal immigration laws.

States and cities have also shown varying responses to the executive order. It is estimated in 2018 that 564 U.S. jurisdictions, including New York City, had adopted sanctuary policies.

In June 2019 New York enacted the Green-Light Law, which allows all New Yorkers age 16 and older to apply for a standard, not for federal purpose, license or learner permit regardless of their citizenship or lawful status in the United States.

This law also prohibits DMV officials from providing any of its data to entities that enforce immigration law, such as CBP and ICE, unless a judge orders them to.

What should you do if immigration enforcement officers approach you while in the Sanctuary City?

Remember that you have the right to remain silent. Do not run away and do not show false identification. You may use your phone to take notes and photos of what happens. If you do so, you should do it openly without intervening with what the officers are doing. Ask to speak to your attorney and do not sign anything without your attorney. 

Be aware that ICE agents sometimes announce themselves as “police.” If you are approached, before you say anything, ask if you are free to go. If they say yes, walk away. If they say no, do not walk away. Tell them you wish to remain silent and speak to an attorney.

If you are at home, before opening the door, ask if they are immigration agents. You may answer that you don’t want to talk right now. Or, without opening the door, ask if they have a warrant signed by a judge. If they say yes, request they slip it under the door or put it against a window.  If they do not have a warrant signed by a judge, you do not have to let them in.

For more information on your rights during encounters with ICE or if you have any questions, you should not hesitate to contact the Law Office of Ksenia Kolesnikov to schedule your initial consultation.