Mayor Adams' attempt to bring back federal immigration officials to Rikers Island met with another rejection
In a landmark ruling on Monday, Judge Mary Rosado declared Mayor Eric Adams' executive order on reopening an office for U.S. Immigration and Customs Enforcement (ICE) on Rikers Island as "null and void". The decision was described as a majority victory by Council leaders.
The ruling stems from a carveout in the 2014 law, which allows federal law enforcement to have an office on Rikers Island for criminal cases, not civil immigration enforcement. However, ICE was initially blocked from operating on Rikers Island due to city sanctuary policies.
The executive order to allow ICE back on Rikers Island was handed down by First Deputy Mayor Randy Mastro, rather than Mayor Eric Adams. This arrangement, according to Judge Rosado, raised an "impermissible appearance of a conflict of interest", given that Adams' federal corruption case was recently dismissed.
The instances where unauthorized immigrants were placed into deportation proceedings after being acquitted of crimes have troubled New Yorkers and the City Council. These cases led to the enactment of protections to ensure that people would not be summarily removed from the country because of an allegation.
Judge Rosado suggested that Mayor Adams could have appointed an "independent, impartial, and insulated official" to determine whether or not to issue the executive order. Public servants, according to Rosado, must avoid even the appearance of impropriety, and in cases of potential conflicts, an official must fully recuse himself entirely from the matter.
Council leaders, including Speaker Adrienne Adams, applauded the decision, stating that it makes the city safer and that the order violated city law and court precedent. They accused Adams and Randy Mastro of trying to do Donald Trump's political agenda and betray their obligation to New Yorkers.
First Deputy Mayor Randy Mastro plans to appeal the decision, stating that the executive order fully complies with local law and that there was no actual conflict of interest. The decision comes after Rosado issued a preliminary injunction in June, siding with the City Council, which opposed the return of federal agents to city jails.
New York has enacted a series of policies generally limiting the use of city personnel and resources in furtherance of federal immigration enforcement, except in a narrow range of cases. The city's stance is part of a broader effort to protect the rights of unauthorized immigrants, a move that has been welcomed by many residents.
In interviews, Phil Desgranges, the attorney in charge of criminal law reform at the Legal Aid Society, stated that the ban on ICE agents at Rikers stemmed from cases where unauthorized immigrants were accused of crimes, acquitted of those offenses, and were placed into deportation proceedings anyway - because they were encountered by ICE officers operating in the jails.
The decision marks a significant victory for those advocating for the protection of immigrant rights in New York City. The case serves as a reminder of the importance of maintaining the separation of powers and upholding the principles of impartiality and fairness in public service.
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