On My Block · NYC Politics

ImmigrationCity Council

Mamdani's 'know your rights' video on ICE draws national criticism. The Council made rights signage law in June

The Council passed Int. 55 on a 44-6 vote; it became law without the mayor's signature. The Immigration Committee holds an oversight hearing on enforcement in the city Friday.

Council Member Elsie Encarnación (District 8), chair of the Committee on Immigration
Council Member Elsie Encarnación (District 8), chair of the Committee on ImmigrationNew York City Council

A Spanish-language video in which Mayor Zohran Mamdani walks New Yorkers through their rights if they encounter federal immigration agents has drawn sharp criticism from Republican members of Congress and others, KOMO News reported Monday.

In the video, posted Friday on X with English subtitles, Mamdani says federal agents cannot legally enter private spaces without a judicial order. He tells viewers to look for "United States District Court" and a judge's signature, that they can ask agents to slide the order under the door, and that without one they can keep the door closed. He also tells viewers they have the right to remain silent, should not sign documents without talking to a lawyer, and can call the city's immigration legal support hotline. He says the city, including the NYPD, does not help enforce civil immigration law.

Critics included Sen. Mike Lee of Utah, who wrote that no one in the video is urged to follow federal law, and Rep. Nick LaLota of Long Island, who objected to the use of city resources. Mike Davis, founder of the Article III Project, cited a May ICE memo that he said allows agents to enter some homes with administrative warrants. KOMO noted that administrative warrants authorize arrests, while judicial warrants are what allow entry into a home. The article did not include a response from City Hall.

Why it matters to residents: the city's policy on what agencies may and may not do when federal agents arrive is set by local law, and the Council has been writing more of it this year.

What our records add

The Council made "know your rights" signage a law this summer. Int. 55, from Council Member Alexa Avilés, requires the Mayor's Office of Immigrant Affairs to create multilingual signs describing certain constitutional and legal protections and city law on immigration enforcement, for display at city agencies, and requires age-appropriate signage for schools. It had 35 sponsors. The Council passed it 44 to 6 on June 11, with one member absent. Voting no were Vickie Paladino, Phil Wong, Joann Ariola, Inna Vernikov, Minority Leader David M. Carr and Frank Morano. Amanda C. Farías is recorded as absent. The mayor did not sign it; it became law on July 11.

The committee chair cited the same ICE memo. Opening the June 11 Immigration Committee vote, chair Elsie Encarnación said it had been revealed that ICE officers followed an internal policy for months saying they did not need a judicial warrant to enter homes. She said immigrants, regardless of status, have rights under the U.S. Constitution, and that city agencies are widely barred from helping federal immigration enforcement.

Members have pressed agencies on warrants. At a March 25 Immigration hearing, Encarnación asked for an update on keeping agents out of city-owned property without a judicial warrant. At a March 17 General Welfare hearing, Council Member Sandy Nurse raised incidents in which ICE was allowed into a city facility without presenting a judicial warrant.

Two newer bills are waiting. Int. 1077 would limit when the NYPD may hold someone on a civil immigration detainer, and Int. 1078 would limit communication between the Department of Correction and federal immigration authorities. Both are from Encarnación, with Avilés, Carmen N. De La Rosa, Lincoln Restler, Shahana K. Hanif, Shekar Krishnan and Tiffany L. Cabán. Both were introduced Sept. 24 and have had no hearing. A bill from the other direction, Int. 515, from Paladino with Ariola, Carr, Morano, Vernikov and Farah N. Louis, would repeal the city laws limiting detainers and cooperation with immigration enforcement. It has waited in the Public Safety Committee since Jan. 29.

What's next

The Committee on Immigration holds an oversight hearing, "Examining the Current State of Immigration Enforcement Activity in New York City," on Friday, Oct. 30, at 10 a.m. (agenda item, meeting). Video and a searchable transcript will be posted on the meeting page afterward.