Important News

DHS urges New York City mayor not to release people with active ICE detainers from city custody

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Key takeaways

  • DHS issued a Feb. 6, 2026 press release condemning New York City Mayor Zohran Mamdani for signing an executive order that DHS says limits cooperation with ICE.
  • DHS states there are 7,113 people in custody across New York state with an active ICE detainer.
  • DHS provided counts of alleged offenses among those with active detainers: 148 homicides, 717 assaults, 134 burglaries, 106 robberies, 235 dangerous drugs offenses, 152 weapons offenses, and 260 sexual predatory offenses.
  • The release says Mamdani’s order follows Governor Kathy Hochul’s recent legislative proposal to bar local police departments from partnering with ICE.
  • Assistant Secretary Tricia McLaughlin and DHS leadership publicly urged Mamdani to release individuals in New York City custody to ICE to prevent their release back into communities.

Follow Up Questions

What is an ICE detainer and how does it function in practice?Expand

An ICE “detainer” (Form I‑247) is a DHS/ICE request to a jail or police agency to: (1) notify ICE before releasing a person identified as removable and (2) maintain custody for up to 48 hours (excluding weekends/holidays) so ICE can assume custody. It is an administrative request—not a judicial arrest warrant—and agencies are not legally required by federal regulation to honor it; courts have also said holding people solely on detainers can raise Fourth Amendment problems if there is no independent probable cause.

What legal authority does a city mayor (like Zohran Mamdani) have to limit cooperation with ICE?Expand

A mayor can direct city agencies and local law enforcement policy (e.g., order non‑cooperation with ICE detainers) for municipal operations, but cannot repeal federal immigration law. Federal regulation treats detainers as requests (8 C.F.R. §287.7) and courts have upheld that jurisdictions may decline to honor them; however, state laws or court orders can limit or compel cooperation in some circumstances. Local refusal can expose the city to political or state‑law challenges but is generally within municipal authority to set policing policy.

What happens operationally when local law enforcement does not honor ICE detainers?Expand

If a local agency won’t honor a detainer, ICE may (a) attempt to arrest the person later in the community (ICE says at‑large arrests may be less safe), (b) use an ICE administrative warrant (Forms I‑200/I‑205) or other enforcement means, or (c) if ICE does not assume custody within the 48‑hour window the jail must release the person. In practice DHS/ICE may also increase outreach to local partners or pursue arrests through its own officers.

Who is Assistant Secretary Tricia McLaughlin and what is her role within DHS?Expand

Tricia McLaughlin is an Assistant Secretary at the U.S. Department of Homeland Security; she is a senior DHS official who appears in DHS press statements and public correspondence on enforcement and Border/Immigration matters (DHS news releases list her among senior leadership and signatories).

What is Governor Kathy Hochul’s legislative proposal that the release references?Expand

Governor Kathy Hochul’s proposal referenced in the DHS release would restrict or bar local police departments from partnering with ICE (limiting local cooperation, including honoring ICE detainers); the governor announced a legislative proposal to curtail local‑level ICE collaboration. Specific bill text or status should be checked in New York state legislative sources for details.

How does ICE or DHS verify and publish the counts of people with active detainers and the listed crime categories?Expand

ICE/DHS publishes counts of individuals with active detainers from agency internal records (detainer/I‑247 issuances and enforcement databases) and uses booking/arrest records to match alleged offense categories; public DHS/ICE data releases and press statements summarize those internal tallies but do not publish full underlying case files. Verification by independent parties typically requires FOIA requests or state/local jail records.

Are there court rulings or federal policies that limit how ICE detainers can be used by local jurisdictions?Expand

Yes. Courts and federal policy limit how detainers may be used: federal regulation (8 C.F.R. §287.7) treats detainers as requests, not warrants; federal courts (e.g., Miranda‑Olivares v. Clackamas County and Galarza v. Szalczyk) have held that holding someone solely on an ICE detainer can violate the Fourth Amendment when there is no independent probable cause, and have exposed jurisdictions to liability for honoring detainers without adequate legal basis.

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