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Q&A
Clarification on ICE agents' access to city property and Fourth Amendment compliance
3:21:31
ยท
139 sec
Council Member Restler inquires about guidance given to city agencies regarding ICE agents' access to city property. Corporation Counsel Goode-Trufant explains the Law Department's role in providing clarifying guidance on Fourth Amendment compliance.
- Discussion of initial confusing guidance and subsequent clarification
- Emphasis on the requirement for judicial warrants for non-local law enforcement officers seeking individuals at city facilities
Lincoln Restler
3:21:31
Okay.
3:21:32
I don't know of another way to ask the question.
3:21:34
If I did, I would try a third way.
3:21:35
So we all have jobs to play.
3:21:39
So shifting to ICE in New York City.
3:21:54
It was reported in January that Mayor Adams advised city agencies including schools, shelters, etcetera, that they could let ICE agents in if they were look they could allow ICE agents looking for immigrants onto city property without warrants if city personnel quote felt reasonably threatened by their presence.
3:22:16
Did the law department advise the mayor's office on this guidance?
Muriel Goode-Trufant
3:22:20
We have partnered with the mayor's office as well as Moya on guidance, and we participated in a clarifying guidance to all city agencies at the February that made clear that any non local law enforcement officer who comes to a city facility looking for an individual must comply with the Fourth Amendment and that is have a judicial warrant.
Lincoln Restler
3:23:04
Good.
3:23:05
So that was the cleanup essentially to what had been confusing guidance around feeling reasonably threatened and in those circumstances allowing ICE agents onto city property?
Muriel Goode-Trufant
3:23:19
Think that there was always a requirement of Fourth Amendment compliance.
3:23:30
When people began to ask follow-up questions, what if this happens, what if that happens, for some the message got muddled.
Gale A. Brewer
3:23:39
And
Muriel Goode-Trufant
3:23:40
in order to un muddled it, we did a very clean, I think, flowchart.
3:23:47
If A, then B.
Joe Wagner
3:23:50
Period.
3:23:50
Okay.