Hearing set on future of ICE at Rikers Island
A judge is set to hear arguments Friday over whether New York City’s sanctuary laws — along with a "corrupt bargain" by the Trump administration to dismiss the criminal prosecution against Mayor Eric Adams — prohibit Adams' administration from giving office space on Rikers Island to the Immigration and Customs Enforcement agency.
Until a ruling, a state court has temporarily blocked the city from furthering any agreement to let the agency back onto Rikers, from which it was exiled over a decade ago under sanctuary-city legislation enacted by then-Mayor Bill de Blasio.
At issue is whether that legislation — which was signed in 2014, bars nearly all city cooperation with civil immigration enforcement and led city-assisted deportations to drop from thousands a year down to dozens — prohibits the city from allowing ICE back with the collaborative mission to combat criminal gangs and do related investigations.
Friday’s hearing, before Judge Mary V. Rosado, stems from a lawsuit filed last week by the City Council asking her to find that the invitation back to Rikers is illegal and block it.
The Adams administration countered that the 2014 law contains a carve-out allowing cooperation with the feds to the extent it’s done for criminal investigations. Immigrant criminals, Adams has said, ought to have no right to stay in America.
But the council argues that letting ICE back would not only be an illegal circumvention of city law, but the result of a "corrupt bargain" reached between Adams and the Trump administration to trade the dismissal of the mayor's corruption prosecution for his cooperation with immigration enforcement.
"This is textbook political corruption: an elected leader promises to perform an official act in exchange for a personal benefit; that personal benefit is conferred on the elected leader; and the elected leader then performs the promised act," council court papers argue. "Fortunately for New Yorkers, our robust conflict-of-interest laws do not allow a public official to sell out New Yorkers for his own personal gain."
President Donald Trump has moved rapidly to execute what he has promised would be the biggest deportation plan in American history, of which the deportation of those accused of crimes is a part.
A mayoral executive order, signed earlier this month by Adams’ first deputy, Randy Mastro, said the focus would be on "criminal investigations and related intelligence sharing focused on violent criminals and gangs, crimes committed at or facilitated by persons in DOC custody, and drug trafficking."
The order says that other federal law enforcement agencies, such as the FBI, could also return to Rikers.
The particular rules governing the arrangement between ICE and the city — which would be contained in a memorandum that the city must sign with the federal government but is on hold after the judge temporarily blocked its creation — haven't been disclosed.
Adams, whose office announced earlier this month he had recused himself on the Rikers-ICE matter, had agreed months ago to let ICE return to the Island. Mastro signed the order hours after the recusal announcement.
On Thursday, the city’s comptroller, Brad Lander, said he hoped the court would block ICE’s return to Rikers.
"I believe it’s a violation, certainly of the spirit of the law," said Lander, who was a co-sponsor of the legislation when he was a city councilman in his prior post representing parts of Brooklyn.
Newsday reported last year that before ICE was booted from Rikers — and other immigration-enforcement cooperation, such as with the NYPD and other agencies was all but prohibited — thousands were deported with city assistance. As of late last year, the number was 11.
Both Long Island county jail systems have an ICE presence.
Matthew Chayes, a Newsday reporter since 2007, covers New York City.