NYPD officer violated sanctuary city laws; several gaps found in department’s compliance with ICE, report into five incidents finds

A New York City Department of Investigation (DOI) probe has found that a single NYPD officer violated city restrictions on assisting with federal civil immigration enforcement by placing automated alerts on individuals sought by immigration authorities, according to a report released Wednesday.

While the broader NYPD generally complies with local sanctuary laws, the DOI report found several gaps that leave the department vulnerable to improper information sharing.

The 90-page review, issued by DOI Commissioner Jocelyn Strauber, examined five incidents involving potential NYPD involvement in civil immigration enforcement, the most recent of which occurred in June. Strauber said the review underscores “the complexities and challenges that NYPD faces in the current environment,” as federal requests increasingly blur the line between criminal and civil immigration enforcement.

The investigation followed a June 9 referral from City Council Speaker Adrienne Adams and Oversight and Investigations Chair Gale Brewer, after media reports raised questions about whether the NYPD was fully honoring city restrictions.

Of the five incidents reviewed, DOI found a single clear violation.

On Nov. 21, 2024, an NYPD officer assigned to a Homeland Security Investigations (HSI) violent gang task force placed automated alerts on individuals sought for potential civil immigration enforcement, allowing notifications if they appeared in NYPD systems. DOI determined this violated both department policy and city law.

The NYPD removed the officer from the task force, restricted his computer access, and opened a disciplinary case. DOI found no evidence the alerts resulted in any further NYPD action.

A law enforcement source told amNewYork that the department was unaware of the alerts until the DOI raised the issue, and that no known ICE arrests resulted from the officer’s actions.

NYPD working ‘diligently’ to obey sanctuary city laws

The report concluded that the NYPD has worked “diligently” to align its policies with city laws and strengthened its procedures through 2025 reforms, but it does not fully comply with its documentation and reporting obligations under Local Law 228, which requires detailed logging of assistance requests involving civil immigration enforcement.

The agency also found the NYPD still lacks a written policy on federal access to NYPD property, as required under Local Law 246.

DOI issued seven recommendations to improve documentation, strengthen training, consolidate overlapping policies, and ensure clearer procedures — all of which the NYPD accepted.

An NYPD spokesperson said the report confirms the department “has worked diligently to comply with New York’s sanctuary city laws” and noted that all seven recommendations were accepted.

“We appreciate DOI’s comprehensive report and have accepted all its recommendations to make our policies even stronger,” NYPD spokesperson Brad Weekes said.

Speaker Adams and Council Member Brewer, who requested the investigation, said the incident of an individual officer violating sanctuary law and the other reviewed cases in the report “are deeply troubling.”

“It’s critical that any agency staff who violate city laws are held accountable to send a clear message that those actions are unacceptable. The NYPD must also apply greater scrutiny to federal requests, so it is not complicit in facilitating the Trump administration’s extrajudicial practices,” Adams and Brewer said in a joint statement.

Brewer later took to social media to commend Commissioner Tisch for her “commitment to transparency and for taking decisive steps to prevent prohibited civil immigration enforcement.”

Other cases examined

The DOI also examined the February 2025 transfer of 19-year-old Merwil Gutiérrez Flores from NYPD custody to the FBI. He had been arrested on a firearm charge, and the Bronx district attorney declined to prosecute.

FBI personnel told the NYPD that federal prosecutors were considering criminal charges. DOI concluded the transfer, which was followed by Gutiérrez Flores’s handover to immigration authorities, did not violate city law, but recommended a more thorough internal review of federal custody transfers to prevent inadvertent civil immigration detention.

The New York Times reported that Gutiérrez, originally from Venezuela, was sent to El Salvador’s CECOT mega prison in March alongside 238 other migrants after months in ICE detention. He was later freed along with more than 250 Venezuelan detainees as part of a prisoner swap between the United States and Venezuela in July.

Another reviewed incident involved a March 2025 request by federal agents for information about a prior arrest of Palestinian woman Leqaa Kordia. The 32-year-old, based in New Jersey, had been arrested by the NYPD during Columbia University protests in spring 2024 and later released.

The following year, HSI told the NYPD it was conducting a money-laundering investigation, and the NYPD provided sealed arrest information, which was later used in civil immigration proceedings. According to Amnesty International, she is currently in ICE custody in Texas. DOI determined the disclosure did not violate city laws or policies because the request was presented as part of a criminal investigation, though the NYPD has since tightened its review process.

Investigators also reviewed a planned NYPD warrant operation at the Row and Roosevelt hotels in early March 2025. DOI found no evidence of improper coordination with HSI, which separately planned to execute illegal-entry and illegal re-entry warrants at the same locations. NYPD supervisors canceled the operation once they learned of HSI’s plans to avoid participation in conduct prohibited by local law.

In a June 2025 incident, NYPD officers briefly detained an individual who had escaped from federal immigration custody after federal agents asked officers to hold the person while they retrieved vehicles left behind during a foot pursuit. DOI said the detention “arguably” violated NYPD policy barring assistance with civil immigration enforcement but noted the officers acted reasonably because escape from federal custody is a crime.

The investigation also found that the NYPD complies with Local Law 59, which requires annual public reporting on immigration detainer requests. But DOI said the department under-documents federal requests, does not provide all required data to the Mayor’s Office of Immigrant Affairs for quarterly reports under Local Law 228, and lacks the written policy on federal access to NYPD property required by Local Law 246. The agency recommended an email audit of NYPD members assigned to federal task forces to ensure compliance.

Strauber said the recommendations aim to strengthen uniform procedures and reduce the risk of improper information sharing or assistance.

Cops say they’re avoiding worse confrontations with ICE

The NYPD pointed to sections of the report it considers significant, including DOI’s finding that department leadership complied with local law by halting the planned Row and Roosevelt hotel operation once it became clear that federal agents intended to conduct immigration-related arrests. A spokesperson said the example shows police leadership is “vigilant” in preventing the department from becoming entangled in civil immigration enforcement.

The incidents highlighted in the report predate the recent increase in immigration-related crackdowns in New York City and elsewhere.

Following an attempted raid this past weekend, immigrant advocates and elected officials condemned the NYPD for its response to anti-ICE demonstrations in Manhattan’s Chinatown that turned chaotic. Throughout Saturday, officers were seen tackling protesters and striking some with batons, and one sergeant was captured on video deploying pepper spray that hit demonstrators, journalists, and another officer.

Mayhem erupted outside of a Chinatown parking garage on Saturday after protesters learned of a massive ICE presence inside.Photo by Dean Moses

Murad Awawdeh, executive director of the New York Immigration Coalition, accused police on Sunday of brutalizing protesters during the Nov. 29 demonstration. Local lawmakers echoed those concerns, calling on Police Commissioner Jessica Tisch and Manhattan District Attorney Alvin Bragg to drop charges against up to 19 protesters arrested during the clash.

City Comptroller Brad Lander added that he believed officers may have violated local laws by clearing a path for federal agents as they attempted to leave the area.

A law enforcement source said the department views its presence at such scenes as necessary to prevent federal agents and protesters from escalating confrontations.

The source said NYPD officers are constrained by laws barring them from interfering with federal operations, and argued that without local police present, standoffs between ICE and civilians could lead to “far worse outcomes,” including potential National Guard involvement as seen in Los Angeles earlier this year.

The source said the department’s primary role in these incidents is to “keep the peace,” even as emotions run high.