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EXCLUSIVE: A conservative legal group is telling New York City police officers they can contact U.S. Immigration and Customs Enforcement (ICE) directly, even if local sanctuary policies say otherwise, releasing a new guide as border czar Tom Homan prepares a major immigration enforcement surge in the nation’s largest city.
Fox News Digital has obtained an unreleased 35-page handbook titled “Law Enforcement Officer Immigration Cooperation Guide” from America First Legal (AFL) that tells state and local police officers they can share a person’s immigration-status information directly with ICE even if New York City or other sanctuary city policies say otherwise.
The guide argues Section 1373 of federal law bars state and local governments from preventing officers from sharing citizenship or immigration-status information with federal immigration authorities like ICE.
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America First Legal is a nonprofit which describes itself as “founded to unapologetically and boldly defend the rights of everyday Americans.”
The guide arrives days after Homan revealed he had reviewed plans to deploy “more ICE agents than you’ve ever seen” into New York City after Mayor Zohran Mamdani signed an executive order reinforcing the city’s sanctuary-status policies.
The guide repeatedly cites Section 1373 of federal immigration law, arguing that state and local governments “may not prohibit, or in any way restrict” officials from sending immigration-status information to federal authorities.
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It tells officers they may contact ICE’s 24-hour Law Enforcement Support Center to verify a person’s immigration status using only a name and date of birth and says officers may do so “regardless of any local directive telling you not to,” according to the document obtained by Fox News Digital.
The release comes as the Trump administration prepares to dramatically increase immigration enforcement in New York.
Homan told Fox News last week that a significant ICE operation is coming to the city after self-described democratic socialist Mamdani reaffirmed New York’s sanctuary policies.
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“It’s coming,” Homan said. “There’s going to be a surge, and there needs to be a surge.”
While Homan declined to discuss operational details, he said ICE would not back away from enforcing immigration law despite opposition from city leaders.
The guide comes as Mamdani and the Trump administration continue to clash over immigration enforcement.
Mamdani’s Executive Order 13 directs the NYPD to review, update and train officers on department policies governing communication, cooperation and coordination with federal immigration authorities.
The order says the city believes “the aggressive tactics that certain non-local law enforcement agencies use in pursuing civil immigration enforcement actions… hinder public safety by creating a culture of fear.”
America First Legal argues those local rules cannot lawfully prevent an officer from voluntarily sharing immigration-status information with ICE because federal law supersedes conflicting local policies.
The guide also argues sanctuary policies could create legal risks for the officials who enforce them. AFL contends some officials could face federal criminal charges for obstructing immigration enforcement and that victims of crimes allegedly committed by illegal immigrants released despite ICE detainers could, in some cases, sue those officials under federal civil RICO law.
The organization is also inviting officers who believe they were threatened, disciplined or retaliated against for cooperating with ICE to seek confidential legal representation.
“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.
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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.”
New York City Hall did not immediately respond to Fox News Digital’s request for comment.
Fox News Digital’s Taylor Penley contributed to this reporting.
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