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New York, NY Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

DOC detainer law
NYC Admin Code §9-131
NYPD detainer law
NYC Admin Code §14-154
Warrant required
Judicial warrant to detain
287(g) agreement
None in NYC
Reporting
Annual ICE transfer reports

Summary

New York City's Administrative Code prohibits the Department of Correction and the NYPD from honoring civil immigration detainers or holding anyone for ICE past their release time, absent a judicial warrant and a narrow violent-crime carve-out.

"Civil immigration detainer" shall mean a detainer issued pursuant to 8 C.F.R. 287.7. ... The department shall not honor a civil immigration detainer by: i. holding an individual beyond the time when such individual would otherwise be released from the department's custody, except for such reasonable time as is necessary to conduct the search specified in paragraph two of this subdivision

View official code

Full Breakdown

Under NYC Admin Code §9-131, the Department of Correction "shall not honor a civil immigration detainer" by holding an individual past their scheduled release, and the parallel §14-154 binds the NYPD. A detainer means a request "issued pursuant to 8 C.F.R. 287.7." The only exceptions require a judicial warrant plus a conviction for a violent or serious crime within the prior five years or a terrorist-database match. The city runs no 287(g) delegation agreement, and Correction and the NYPD must publish annual reports on detainer requests received and people transferred to Immigration and Customs Enforcement.

Violations & Fines

There is no fine on residents; these laws restrain city agencies. The Department of Correction and NYPD must decline non-conforming detainers, release the person on schedule, and report every request and transfer to the City Council annually.

Frequently Asked Questions

Will NYC jails hold someone for ICE?
No, unless ICE presents a judicial warrant and the person was convicted of a violent or serious crime within five years or matches a terrorist database.
Does the NYPD participate in a 287(g) program?
No. New York City has no 287(g) delegation agreement, and §14-154 bars the NYPD from honoring civil immigration detainers absent the narrow statutory exceptions.
Are these laws public and tracked?
Yes. Both the Department of Correction and the NYPD must publish annual reports on detainer requests received and individuals transferred to federal immigration authorities.

Sources & Official References

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