Exclusive: Legal Guide Advises NYPD Officers They Can Share Immigration Status With ICE, Citing Section 1373

A conservative legal group has produced a 35-page handbook advising New York City police officers that they may contact U.S. Immigration and Customs Enforcement (ICE) directly and share immigration-status information even where local sanctuary policies appear to restrict such cooperation.

What the Guide Says

Fox News Digital obtained the unreleased manual, titled "Law Enforcement Officer Immigration Cooperation Guide," from America First Legal (AFL). The guide instructs state and local law enforcement that Section 1373 of federal law prohibits state and local governments from preventing officers from communicating a person’s citizenship or immigration status to federal immigration authorities.

The handbook directs officers to use ICE’s 24-hour Law Enforcement Support Center to verify an individual’s immigration status using only a name and date of birth, and says those inquiries are permitted "regardless of any local directive telling you not to." AFL argues federal law preempts conflicting local sanctuary rules.

Federal agents patrol the halls of immigration court at the Jacob K. Javitz Federal Building. According to White House border czar Tom Homan, ICE will increase its operations in New York City due to its status as a sanctuary city.

Context: Enforcement Plans And Local Response

The guide comes as White House border czar Tom Homan signaled plans for an expanded ICE presence in New York City, saying he has reviewed plans to deploy "more ICE agents than you've ever seen" and that a "surge" in operations is expected. Homan told Fox News he would not back away from enforcing federal immigration law despite resistance from city leaders.

New York Mayor Zohran Mamdani recently signed Executive Order 13, directing the NYPD to review and update department policies and training regarding communication and cooperation with federal immigration authorities. The mayor’s order states that aggressive non-local civil immigration tactics can harm public safety by creating fear in communities.

Legal Claims And Risks Highlighted By AFL

AFL disputes that local policies can lawfully bar officers from voluntarily sharing immigration-status information with ICE. The organization also warns that sanctuary policies could expose officials to potential legal risk, including possible federal criminal liability for obstructing immigration enforcement and, in some circumstances, civil claims—including RICO-based suits—by victims of crimes allegedly committed by undocumented immigrants released despite ICE detainers.

New York City Mayor Zohran Mamdani and the Trump administration continue to clash over immigration enforcement.

"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," AFL Senior Counsel James Rogers said in a statement accompanying the guide.

Gene Hamilton, president of America First Legal, said officers "should never be forced to choose between following federal law and following unlawful directives to appease politicians committed to sanctuary policies." AFL is offering confidential legal representation to officers who say they have been threatened, disciplined or retaliated against for cooperating with ICE.

Responses And Next Steps

New York City Hall did not immediately respond to Fox News Digital’s request for comment. The report notes the guide was obtained by Fox News Digital and that Taylor Penley contributed to the reporting.

Note: The guide reflects AFL's legal interpretation and guidance. Whether Section 1373 or other federal statutes preempt specific local policies can be subject to legal challenges and judicial interpretation.