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Judge Issues Temporary Restraining Order on NYC Mayor’s Plan to Permit ICE Presence at Rikers Island


The temporary restraining order will remain in effect until at least April 25, when a hearing is scheduled.

NEW YORK CITY—The New York Supreme Court has issued a temporary order that suspends collaboration between city and federal authorities on Rikers Island. The New York City Council filed a lawsuit to challenge an executive order signed by the city’s deputy mayor, permitting federal agencies to establish offices on Rikers Island.

On April 21, Judge Mary Rosado ruled that city officials were barred from “taking any steps toward negotiating, signing, or implementing any Memorandum of Understanding with the federal government regarding federal law enforcement presence on Department of Correction property.”

The temporary restraining order will remain in place until at least April 25, when a hearing is set to occur.

On April 8, Deputy Mayor Randy Mastro signed Executive Order 50, which was intended to enable federal agencies, including Immigration and Customs Enforcement (ICE), to re-establish offices at the Rikers Island jail complex. ICE has not operated an office on Rikers since 2014.

In an accompanying statement, Mastro clarified, “This executive order is specifically aimed at establishing office space and working in coordination with federal law enforcement on criminal investigations, not civil matters.”

The memorandum indicated that ICE and other federal agencies would operate in accordance with New York City’s sanctuary city laws.

New York City’s sanctuary laws restrict collaboration between the New York Police Department (NYPD) and federal agencies like ICE. The NYPD can only assist ICE when an undocumented immigrant has been accused of serious or violent criminal behavior.

The lawsuit contends that the executive order is invalid because Mayor Eric Adams did not formally authorize Mastro to sign executive orders.

The complaint claims that once ICE is allowed onto Rikers Island, “it will disregard the City’s laws.” It further asserts that the limitations imposed on the federal agencies’ power on the island are “a farce written in erasable ink.”

The City Council’s lawsuit alleges that the executive order is part of an allegedly corrupt arrangement between Adams and the Trump administration concerning Adams’s federal prosecution, which was dismissed.

The Department of Justice ordered the dropping of corruption charges against Adams on February 10.

In early February, Adams reached an agreement with White House border czar Tom Homan to allow ICE into Rikers.

As of the publication time, Adams had not responded to a request for comment.



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