Legal experts question Rep. Goldman’s call for NYPD to arrest ICE agents if they act unlawfully

New York Congressmember Dan Goldman is calling for the NYPD to prepare to arrest federal immigration agents if they break the law while detaining people in the city — a request that's prompting several legal experts to question if it could be carried out.

Goldman, a Democrat who represents parts of Manhattan and Brooklyn, on Monday said he sent a letter to Police Commissioner Jessica Tisch requesting she prepare the department to potentially arrest U.S. Immigration and Customs Enforcement agents if they unlawfully detain or assault people in the city.

“It is abundantly clear that the Trump administration is unwilling to police its own officers or hold them accountable for gross misconduct,” the letter states. “Accordingly, NYPD — pursuant to the department’s own mission, values and oath of office — has an obligation to intervene and take appropriate action, including arrest, when federal immigration officers engage in conduct that is unlawful under state law and beyond the scope of their federal enforcement authority.”

Several other elected officials, including Public Advocate Jumaane Williams, City Comptroller Brad Lander, City Councilmember Alexa Avilés and state Assemblymember Tony Simone, spoke in support of Goldman's request at a press conference Monday.

The NYPD did not respond to a request for comment.

Goldman's call comes as President Donald Trump has sent federal immigration agents to conduct sweeping raids in cities including Los Angeles, Chicago and Washington, D.C., in response to what he says is prevalent crime and disorder. Civil liberties advocates have harshly criticized the deployments, and many lawsuits accuse the administration of making warrantless and indiscriminate arrests.

Enforcement in New York has largely centered on immigration courts in Lower Manhattan, and agents have not conducted widespread raids as they have in other cities. Goldman said he reached out to Tisch because he believes more immigration enforcement will likely come to New York City soon.

Tricia McLaughlin, assistant secretary for the U.S. Department of Homeland Security, which oversees ICE, criticized Goldman’s request in a statement.

“The real thugs NYPD should be helping arrest are the worst of the worst criminal illegal aliens that Congressman Goldman and his fellow sanctuary politicians have allowed to terrorize the people of New York City,” she said, referring to sanctuary protections for undocumented immigrants.

Former ICE executive Scott Shuchart said he supported Goldman’s call because he believes immigration officers have in some instances been breaking the law.

“Great, it’s about time,” said Shuchart, who served as ICE’s assistant director for regulatory affairs and policy in the Biden administration. “It is absolutely time for state prosecutors and state law enforcement to enforce their sovereign right to keep their people from being assaulted.”

Still, several former federal prosecutors questioned whether it would be legal or feasible for the NYPD to police federal agents.

“The NYPD cannot be utilized to police the federal police,” said Sarah Krissoff, a New York defense attorney who previously worked as an assistant U.S. attorney in the Southern District of New York. “And even if the NYPD was allowed to do so, they are not equipped or trained to make determinations about the lawfulness of the actions of the ICE agents.”

John Fishwick, former U.S. attorney for the Western District of Virginia, said federal agents are immune from prosecution for anything they think is authorized or part of their official duties.

“Any prosecution of a federal ICE agent for a New York state criminal law violation would likely go nowhere,” he said in an email.

Goldman, also a former federal prosecutor, said at the press conference he understands the principle of federal immunity, but added it should not apply in this instance.

“The law is very clear. If you are acting outside the scope of your authority, you do not have protection from federal immunity,” he said.

Barbara McQuade, a University of Michigan law professor and former U.S. attorney, said while she thought Goldman’s letter makes some sense, it could be a tall order for the NYPD.

“It may be difficult for an officer on the ground to determine whether an ICE agent has lawful authority to execute an arrest in a particular case,” she said. “If police officers are arresting federal agents, that could become a recipe for chaos.”

The three candidates running to replace Mayor Eric Adams did not respond to requests for comment on whether they support Goldman's call. The union that represents rank-and-file NYPD officers also did not respond to an inquiry.