By Bianca Gonzalez at Prism
March 4th, 2025
Adams has not yet issued the executive order, but immigrant rights groups say the move would target immigrants presumed innocent while awaiting trial at the jail complex.
Immigrant rights groups are raising alarm about New York City Mayor Eric Adams’ plans to formally allow Immigration and Customs Enforcement (ICE) back to Rikers Island, more than a decade after ICE was prohibited from operating at the jail complex. Advocates say the move puts incarcerated immigrants at imminent risk of deportation.
Adams announced on Feb. 13 that he would soon issue an executive order to allow federal immigration authorities into the jail complex, specifically focusing on “violent criminals and gangs.” The announcement followed Adams’ meeting with President Donald Trump’s border czar, Tom Homan.
Allowing ICE agents on Rikers Island raises significant due process issues. With roughly 90% of the people detained at Rikers awaiting trial, ICE’s presence could lead to the deportation of people who are legally presumed innocent. Immigrant rights groups are concerned, especially given that New York City has historically been a safe haven for immigrants.
“What happens when someone is wrongfully arrested, happens to be undocumented, and then ends up in ICE’s hands, but then was found to be not guilty of the allegation that was presented against them?” said Murad Awawdeh, president and CEO of the New York Immigration Coalition.
While the dominant political narrative paints immigration from the southern border as a safety issue, one study found that sanctuary cities such as New York have less crime, higher median household incomes, and lower poverty and unemployment rates.
“There’s been an intentional spinning of misinformation and missed data to paint the picture of immigrant communities being violent or not looking to integrate and be part of the communities that they live in, which is all untrue,” Awawdeh said.
Sanctuary laws protect immigrants as they try to access essential resources, such as health care or the ability to call the police if their lives are in imminent danger, without fear of deportation. The 2014 law that had ended ICE operations at Rikers and all city facilities is an example of such a law.
New York City detainer laws further state that “federal immigration authorities shall not be permitted to maintain an office or quarters on land over which the department exercises jurisdiction, for the purpose of investigating possible violations of civil immigration law.” This dramatically limited the instances in which the NYPD and the city’s Department of Correction (DOC) were able to honor a detainer issued by ICE.
While Adams cannot circumvent city law through an executive order, detainer laws also state that “the mayor may, by executive order, authorize federal immigration authorities to maintain an office or quarters on such land for purposes unrelated to the enforcement of civil immigration laws.”
Despite the law, a FOIA request by the Immigrant Defense Project (IDP) in 2023 found that the DOC and ICE continued to correspond in ways the group argued violated detainer laws. Emails from 2015–2019 showed DOC sometimes delayed releasing individuals until ICE could arrest them. DOC General Counsel Paul Shechtman later testified that “[t]he emails you read are not our policy and should not have happened.”
“What Adams is now trying to do goes above and beyond to roll us back in time a decade,” said Yasmine Farhang, advocacy director at IDP. “We have agencies that need to be held accountable. We need a mechanism to hold them accountable.”
The IDP supports the NYC Trust Act-Intro 214, which would allow private individuals to sue if their rights are violated under city sanctuary laws.
Adams’ executive order announcement comes amid efforts to expand Rikers operations, even as the jail was supposed to close in 2027. New jails intended to replace it won’t be complete until 2032.
Conditions at Rikers are grim. At least 35 people have died in city custody since Adams became mayor, including two just last week.
“He has failed to meet every benchmark set forward by the plan. And one of the biggest components is decarceration,” said Melanie Dominguez of the Katal Center for Equity, Health, and Justice.
Adams has criticized bail reform, citing concerns about recidivism. However, studies show that New York’s bail reform did not increase recidivism for violent offenses and actually reduced it for nonviolent ones.
Adams’ move regarding ICE also comes as he faces legal troubles, including charges of bribery, campaign finance violations, and conspiracy—allegedly for securing illegal campaign donations and luxury travel from Turkish officials, and bypassing safety protocols for a Turkish consular building.
Around the same time as his Rikers announcement, Acting U.S. Deputy Attorney General Emil Bove ordered a motion to dismiss Adams’ charges. But seven prosecutors resigned instead of signing it, and two resignation letters were leaked. The motion was eventually signed, and on Feb. 21, Judge Dale E. Ho adjourned the case and appointed a new independent prosecutor. Briefs are due March 7, and oral arguments are set for March 14.
On Feb. 26, Adams’ legal team filed its own motion to dismiss, citing “prosecutorial misconduct.”
As of now, Adams has not issued the promised executive order, and the charges still stand.
Many—including some of the resigned prosecutors—suspect Adams’ ICE policy could be part of a quid pro quo with the Trump administration.
“The two are not tied together,” said Alex Spiro, part of Adams’ defense team. “His position on immigration has not changed” since before the case.
The DOC did not respond to Prism’s questions in time for publication.
Activists have called on Gov. Hochul to remove Adams from office. While she declined, she has taken steps to limit his authority.
“We’re going to fight back, either in the streets or through the courts,” Awawdeh said.
