Mayor Adams plans executive order allowing ICE presence at Rikers Island

Mayor Eric Adams said Thursday he is preparing an executive order to allow U.S. Customs and Immigration Enforcement officers to operate on Rikers Island.

Adams announced the news in a statement following a meeting with President Trump’s “border czar” Tom Homan.

Adams said ICE agents would assist the Correctional Intelligence Bureau with criminal investigations, “in particular those focused on violent criminals and gangs.”

A 2014 law prohibits the city Department of Correction from cooperating with ICE unless an individual has been convicted of a serious or violent crime. The 2014 measure, however, allows the mayor by executive order to allow ICE to have an office on Rikers Island "for purposes unrelated to the enforcement of civil immigration laws."

Spokespeople for the White House did not respond to a request for comment and there was no immediate further comment from the mayor’s office.

The announcement comes days after the U.S. Department of Justice ordered federal prosecutors in New York to drop federal corruption charges against Adams. A letter from the acting deputy attorney general of the DOJ said the charges should be dropped in part so Adams could pursue the president’s immigration agenda.

The top Manhattan federal prosecutor on the case, Danielle Sassoon, later resigned, arguing in a letter to the attorney general that the charges were warranted and her office was prepared to bring additional indictments against Adams.

On the day of his second inauguration, Trump issued executive orders aimed at putting into motion his campaign pledge to bring about the largest “mass deportation” in the nation’s history.

Adams has long voiced opposition to New York's sanctuary city policies for immigrants, which generally prohibit the use of city resources and personnel to assist in immigration enforcement, except in limited circumstances.

Elora Mukherjee, the director of the Immigrants’ Rights Clinic at Columbia Law School, questioned whether Adams has the authority "to issue an executive order that contravenes the laws passed by [the] City Council.”

“The mayor cannot with the stroke of a pen change our city laws by himself," Mukherjee said.

After a meeting in December with Homan, Adams signaled a willingness to work with the incoming administration, while at the same time pledging to “be true” to the city’s immigrant roots.

Adams also said he discussed with Homan ways to embed more NYPD officers into federal task forces, to quash “violent gangs” and criminal activity.

Adams’ two-paragraph statement did not define in any detail who would fall within the orbit of the new collaboration between ICE agents and the correctional intelligence bureau, beyond stating that the focus would be on “violent criminals and gangs.” Unclear is whether the city's assistance with ICE would extend to cases involving detained immigrants who have not been charged with violent crimes or gang-related offenses.

Trump in January signed the Laken Riley Act, requiring the detention of unauthorized immigrants accused of felonies including theft and violent crimes. The legislation passed with bipartisan support, with 46 Democrats in the House and 12 in the Senate supporting the measure.

City Council Speaker Adrienne Adams, Immigration Committee Chair Alexa Avilés and Criminal Justice Committee Chair Sandy Nurse issued a joint statement on Thursday night saying they wanted to review the executive order "to evaluate its legality" before the legislative body determines its formal response.

"The mayor’s announcement of the intention to issue an executive order that allows the Trump administration access to Rikers is concerning, but we must see language of any purported executive order to evaluate its legality," the statement said. "Today’s statement by the mayor only further connects it to the resignations at DOJ over the apparent quid pro quo identified by the recently resigned U.S. Attorney for the Southern District."

The lawmakers said the 2014 law outlines "clear guidelines" prohibiting the use of office space on Rikers for civil immigration enforcement.

"We are prepared to defend against violations of the law, but this announcement only deepens the concern that the mayor is prioritizing the interests of the Trump Administration over those of New Yorkers," the statement said.

Council Member Robert Holden applauded the mayor's plan.

“This is a significant first step, but more must be done to show that Mayor Adams truly prioritizes public safety," Holden said. He added: "While this is progress, we must go further to ensure New York City is no longer a safe haven for criminals.”

But Gale Brewer, a member of the City Council’s immigration committee, urged caution, noting the vast majority of detainees at Rikers are awaiting trial.

“They're not convicted,” said Brewer. “Nobody there who is not convicted should be subject to ICE. And I think having ICE there would  put them in a situation of compromise where they could end up at Guantanamo Bay. So I'm totally opposed to that.”

“They can do at Rikers what they do everywhere else, get a warrant," Brewer said.

Mukherjee said the pre-trial status of Rikers detainees is critical.

“ They are, under our legal system, presumed innocent until proven guilty,” said Mukherjee. “It would turn our legal system on its head to turn people who are just accused of crimes over to ICE without letting them have their day in court.”

The Legal Aid Society raised similar objections, saying in a statement that the mayor's move undermines due process protections.

Murad Awawdeh, the president and CEO of the advocacy group New York Immigration Coalition, decried Adams’ decision.

“This is a deal made with the devil to try to roll back our city’s longstanding sanctuary laws and policies – policies that allow all New Yorkers to live freely while improving everyone’s public safety,” Awawdeh said in a statement.

Across the country, immigration arrests have averaged about 626 per day in the first two weeks since Trump returned to office, up from about 300 a day in 2024, according to an ICE post on X.

ICE has not released arrest data for New York or any other jurisdiction.

This article was updated with additional information about a 2014 law.