Noem Says Mamdani May Have Violated Constitution After "Know Your Rights" Video — DOJ Coordinating Review

Homeland Security Secretary Kristi Noem said New York City Mayor-elect Zohran Mamdani may have violated the Constitution by advising migrants how to respond if approached by immigration officers, and that federal officials are coordinating a review with the Department of Justice.

What Mamdani Said

In a short "know your rights" video posted on the social platform X, Mamdani said he would "protect the rights" of roughly 3 million migrants in New York City. He reminded viewers that U.S. Immigration and Customs Enforcement (ICE) agents generally need a judicial warrant to enter a private home, and he outlined basic protections: the right to remain silent, the right to ask whether you are free to leave while being detained, and the right to film officers so long as doing so does not obstruct an arrest.

"If ICE does not have a judicial warrant signed by a judge, you have the right to say, 'I do not consent to entry,' and the right to keep your door closed," Mamdani said in the clip.

Noem's Response And Legal Context

Speaking on Fox News's "Hannity," Noem said federal officials are "certainly going after and looking into all of that with coordination of the Department of Justice," and suggested Mamdani "could be violating the Constitution by giving advice on how to evade law enforcement and how to get away with breaking the law." Noem did not cite specific statutes or court rulings to support that claim.

Legal experts generally distinguish between unlawful instruction to obstruct justice and protected speech that explains constitutional rights. Advising people about their rights—such as refusing warrantless entry or invoking the right to remain silent—is typically treated as factual information and protected expression; whether particular guidance crosses a legal line can depend on wording, intent, and whether it foreseeably encourages obstruction of an investigation.

Broader Political Echoes

Noem's remarks recall a prior controversy in which six House Democrats posted a video advising service members that they could refuse illegal orders. Then-President Donald Trump condemned the video as "seditious," the phrase "punishable by DEATH" briefly appeared on social media posts, and the FBI opened an inquiry into the lawmakers. The lawmakers said they were merely stating legal facts, not encouraging illegal acts.

As of this writing, the Department of Justice has not disclosed any formal charges or a public legal theory related to Mamdani's video. Mamdani and his allies maintain the message was meant to inform residents of their constitutional protections during interactions with immigration authorities.