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Bronx Immigration Attorney: Sanctuary City Policies Explained

October 7, 2025

Last Updated on: 11th October 2025, 11:05 am

Bronx Immigration Attorney: Sanctuary City Policies Explained

Thanks for visiting Spodek Law Group. We’re a second-generation immigration law firm managed by Todd Spodek – with over 40 years of combined experience handling immigration cases in New York City. You might know us from the Anna Delvey case that became a Netflix series, or our representation in the Ghislaine Maxwell juror matter. You live in the Bronx and you’ve heard New York City is a sanctuary city – but you don’t know what that actually means or whether it protects you from ICE. This article covers what sanctuary city policies do and don’t do, how NYPD handles ICE detainer requests, what protections exist at schools and hospitals, and what sanctuary status can’t protect you from.

Sanctuary City Means NYPD Won’t Help ICE – But ICE Still Operates

New York City is a sanctuary city – which means NYPD and the Department of Correction are prohibited from honoring ICE detainer requests unless specific conditions are met. An ICE detainer is a request to hold someone in custody for up to 48 additional hours after they would normally be released, so ICE can pick them up for immigration enforcement.

NYPD can only honor detainers when the person was convicted of violent or serious crimes, is on the federal terrorist watch list, or when ICE provides a judicial warrant signed by a judge. In practice – ICE issued 6,025 detainer requests in New York City since January 20, 2025, but NYC honored only a handful because most didn’t meet the criteria. This doesn’t mean ICE can’t arrest you in the Bronx. Federal immigration agents operate independently without needing NYPD cooperation – they conduct their own operations, make arrests on the street, and show up at homes with or without NYPD involvement.

Sanctuary policies limit local police cooperation with ICE, they don’t stop federal enforcement. ICE arrested over 80 people during a 5-day enforcement action in New York City, the Hudson Valley, and Long Island in early 2025 – demonstrating that sanctuary status doesn’t prevent ICE operations.

School And Hospital Protections Exist – But They’re Weaker In 2025

NYC schools bar ICE agents from school grounds without a judicial warrant signed by a judge for a specific person, or a subpoena for a specific item. The New York City School Board passed a resolution affirming this practice – requiring ICE to show proper legal authority before entering schools.

But the Trump administration revoked the Biden-era memo that prohibited ICE from making arrests at “sensitive locations” including schools, churches, hospitals, and shelters. The Department of Homeland Security ended the policy in 2025 – meaning ICE can now arrest people at or near these locations without the restrictions that existed before. NYC’s sanctuary policies technically prohibit city officials from cooperating with ICE at hospitals, schools, churches, and courthouses – but those policies bind city employees, not federal agents. ICE doesn’t need NYC permission to operate at these locations, and the federal government has made clear that nowhere is off-limits for immigration enforcement.

California passed bills in 2025 that bar immigration agents from entering nonpublic parts of schools and hospitals without a warrant, and prohibit health care providers from sharing patients’ immigration status with federal authorities unless they have a warrant. New York hasn’t passed equivalent state-level protections, so the limitations depend on city policies that ICE doesn’t recognize as binding on federal operations.

NYPD Won’t Share Immigration Status – But Can’t Stop ICE Arrests

NYPD officers don’t ask about immigration status during routine interactions – traffic stops, domestic violence calls, crime investigations. They’re prohibited from inquiring about immigration status or sharing that information with ICE for civil immigration violations.

If NYPD arrests you for a crime and you’re booked at Rikers Island or another NYC jail – ICE can access booking information through federal databases. They lodge detainer requests asking the jail to hold you after your criminal case concludes so ICE can take custody. Under sanctuary policies, the jail won’t honor the detainer unless you meet the narrow exceptions (violent crime conviction, terrorist watchlist, judicial warrant). When you’re released from jail without ICE taking custody – they may be waiting outside the facility to arrest you as you leave. This happens frequently at Rikers Island, where ICE agents position themselves outside the gates and arrest people immediately upon release despite sanctuary policies preventing the jail from honoring detainers.

The Justice Department sued New York City in July 2025 as part of efforts to compel compliance with federal immigration law. The lawsuit challenges sanctuary policies that limit cooperation with ICE – though the outcome remains pending and NYC continues enforcing its sanctuary policies while litigation proceeds.

What Sanctuary City Status Doesn’t Protect You From

Sanctuary status doesn’t prevent ICE from arresting you at your home, on the street, at your workplace, or anywhere else. Federal agents have independent authority to enforce immigration law without local police assistance.

Sanctuary policies don’t give you immunity from deportation. If you’re undocumented or have a final removal order – ICE can arrest and deport you regardless of NYC’s sanctuary status. The sanctuary designation affects how local police cooperate with ICE, not whether ICE can enforce immigration law. Sanctuary city status doesn’t protect you from criminal prosecution for immigration violations. Illegal reentry after deportation is a federal crime that can result in prison time before you’re deported again. Document fraud, harboring undocumented immigrants, and marriage fraud are all federal crimes that sanctuary policies don’t shield you from.ICE operates more aggressively in sanctuary cities because they view local non-cooperation as obstruction. The administration targeted New York City specifically – conducting predawn operations in the Bronx and other boroughs in January 2025 to demonstrate that sanctuary policies won’t stop federal enforcement.

What Sanctuary City Status Actually Does For You

Sanctuary policies create some level of separation between NYPD and ICE – making it less likely that routine interactions with local police will result in immigration consequences. If you’re arrested for a minor crime and released – the jail won’t hold you for ICE unless you have a violent conviction or there’s a judicial warrant. You can report crimes to NYPD without NYPD asking about your immigration status or sharing that information with ICE. Domestic violence victims, crime witnesses, people who need police help – sanctuary policies are designed to encourage you to interact with local law enforcement without fear of immigration consequences. NYC provides some legal resources for immigrants through programs like ActionNYC and the Mayor’s Office of Immigrant Affairs. These programs offer free immigration legal consultations and connections to attorneys – services that are more available in sanctuary cities than in jurisdictions that actively cooperate with ICE. Sanctuary status sends a policy message that the city won’t use local resources for federal immigration enforcement – but the practical protections are limited because ICE operates independently throughout NYC regardless of local policies.

Why You Need A Bronx Immigration Attorney Who Understands Sanctuary Limits

Many immigrants in the Bronx believe sanctuary city status protects them more than it actually does. Our immigration attorneys explain what sanctuary policies cover and what they don’t – helping clients understand their real risks and options.

If you were arrested by ICE in the Bronx, if you’re detained after being released from Rikers despite sanctuary policies, if you need to understand whether you can safely interact with NYPD, if you have a removal order and you’re trying to stay in NYC – contact our immigration attorneys.

Todd Spodek grew up in Brooklyn working for his father’s law firm before attending Northeastern University and Pace Law School. Our law firm has handled thousands of immigration cases since 1976 – including cases featured in major media outlets, like the New York Post, Newsweek, and Bloomberg. We’re available 24/7 at our offices throughout NYC and Long Island.

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