NYC issues new guidance on dealings with immigration officers. They spark questions.

New guidance from City Hall loosens restrictions on staff at nonprofit-run migrant shelters and other city-related facilities, explicitly instructing workers to cooperate with visiting federal immigration enforcement if they “reasonably feel threatened.”

The guidance, which was contained in a Jan. 13 memo sent to shelter providers, is a marked departure from instructions previously issued by City Hall, which in know-your-rights information sessions and other written directives has stressed that the city’s sanctuary protections bar city personnel and resources from being used to further federal immigration enforcement.

News outlet Hell Gate first reported the new directive, which comes as President Donald Trump has ramped up immigration enforcement nationwide and vowed to crack down on sanctuary cities and jurisdictions that don’t cooperate with the president’s plans for “mass deportation.” The Trump administration sued Chicago and Illinois on Thursday, claiming that city and state officials had been "affirmatively thwarting" federal immigration laws.

In a statement, City Hall spokesperson Kayla Mamelak said New York City is not "instructing city employees to simply open doors for federal law enforcement."

She pointed to the several steps outlined in the guidance on what to do if ICE shows up to a shelter or other city sites. Mamelak said the city is finalizing further guidance on what she called a rapidly evolving situation."

"The safety of our employees is equally paramount as the safety of those in our care, which is precisely why we want to make it clear that city employees should not put themselves or those in our care in harm’s way by interfering with law enforcement if they persist," Mamelak said in the statement.

The guidance has sparked concern among some on the receiving end of the instructions, including shelter providers and union representatives.

Manny Pastreich, the president of 32BJ SEIU, which represents more than 9,000 security officers employed at city-owned and contracted facilities, including shelters, said in a statement the policy is “inhumane and contradicts the laws of our city and state.”

He added: “Our members should not be put in the position of having to make that decision” whether to cooperate.

The Legal Aid Society said in a statement released on Friday that the new guidance would deter families from seeking shelter and undermine trust in city institutions. The city’s sanctuary laws generally prohibit the use of city personnel or resources to enforce federal immigration law.

City Council leadership has responded as well. Council Speaker Adrienne Adams, Deputy Speaker Diana Ayala, and Immigration Committee Chair Alexa Avilés called on the Adams administration to reverse the guidance.

In a statement released Friday afternoon, the Council leaders called the memo “highly irresponsible, confusing, and dangerous to New Yorkers and our workforce.” They added that the policy is “inconsistent with city law” and “a betrayal of New Yorkers and our city.”

In previous letters to nonprofit shelter providers, city officials reiterated a requirement that immigration officials present a judicial warrant when entering a shelter. In a Jan. 2 email to nonprofit shelter providers, the Department of Social Services Commissioner Molly Wasow Park said immigration enforcement officials may not enter facilities run by contracted the Department of Homeless Services or Human Resources Administration without a warrant signed by a judge, “except in exigent circumstances.”

The memo sent to shelter providers on Jan. 13 gave more instruction. It outlined 11 steps that city employees should take when approached by “non-local law enforcement,” including making copies of any warrants provided by the officials and calling the city agency's general counsel for more guidance.

But the directive offered this change as well: "If, at any time, you reasonably feel threatened or fear for your safety or the safety of others around you, you should give the officer the information they have asked for (if available to you) or let them enter the site,” read the memo, obtained by Gothamist.

A similar memo sent on Jan. 16 to public hospital staffers and obtained by Gotahmist included the same statement. The directive added in bold lettering: “Please note, it is illegal to intentionally protect a person who is in the United States unlawfully from detention. You should not try to actively help a person avoid being found by ICE.”

Similar guidance was sent to attorneys for city agencies, as reported by the New York Daily News.

The instructions have taken on added significance since they were distributed. The Trump administration issued new executive orders in its first days in office that set the stage for increased immigration enforcement. It also rescinded restrictions that placed certain “sensitive locations,” such as hospitals and schools, off-limits to enforcement officers.

Across the country, immigration arrests average about 1,000 a day, up from about 300 a day in 2024, according to ICE posts on social media. ICE has not released detailed information for individual states. In 2023, ICE arrested about 415 people per day, and about 24 people in New York City.

Nonprofit shelter providers in New York also had a virtual meeting with Department of Homeless Services staffers about the guidance. Andrew Coamey, senior vice president at Housing Works, said DHS staffers suggested that shelter staff should be even more permissive with ICE officers than the memo suggested.

Coamey said the guidance was "confusing and it puts our staff in an awkward position,” given that DHS policy now differs from his organization’s own policy. Housing Works policy only allows staff to permit ICE agents to enter facilities if they have a judicial warrant.

Elizabeth Kim and David Brand contributed additional reporting. This story has been updated to include additional comment from a City Hall spokesperson.