New York’s Finest have the green light to help the feds lock up migrant criminals — but can’t lift a finger to kick them out of the country, according to a recent internal NYPD memo obtained by The Post.
The operations order issued Jan. 18 clarifies the fine line cops have to walk under the state’s and city’s immigrant-friendly sanctuary policies — making it clear that helping deport migrants is off limits.
“The department continues to work daily with federal law enforcement agencies in connection with a wide range of criminal investigations,” the document said. “The fact that a person is present in the United States without lawful authorization is a civil matter, not a crime.
“That person is subject to civil immigration enforcement by federal authorities, which may result in detention and deportation,” it said.
“Accordingly, members of service are not permitted to engage in civil immigration enforcement, assist in any manner with civil immigration enforcement or allow any department resources to be used in connection with civil immigration enforcement.”
The reminder from department brass comes as the Big Apple’s pro-migrant policy comes under renewed scrutiny as President Trump begins a new term in office.
Just hours after he was sworn in, Trump signed a series of executive orders to overhaul the nation’s immigration policy, including eliminating the longstanding “birthright citizenship” that gives US-born children of illegal immigrants citizenship status.
He also said he would deploy troops to the US border and vowed to follow through on plans to deport millions of migrants he said are in the country illegally.
Trump’s new immigration czar, Tom Homan, has said sanctuary cities like Chicago and New York would be among the priorities for the crackdown.
Mayor Eric Adams has pushed back against the Big Apple’s restrictive sanctuary status in recent months — but noted on Saturday that his hands are tied by the law backed by city lawmakers.
That designation puts cops in the middle of the debate — hence the need for the memo reminding them of state and city law concerning the matter.
The NYPD routinely works with outside agencies — be they federal, state or from other jurisdictions — on criminal investigations involving all kinds of cases.
That could include suspects who are in the country illegally, although city cops are prohibited by law from asking a person’s immigration status.
But the rub isn’t criminal cases, rather federal deportation proceedings, which are civil matters.
According to the document, NYPD cops are prohibited from reaching out to federal immigration authorities to report on the location of an illegal migrant, or hold them for US Immigration and Customs Enforcement agents to show up to deport them.
Police are even barred from closing down city streets to make it easier for the feds to grab a migrant, the memo states.
However, cops are not to get in the way of federal immigration officials doing their jobs, it notes.
“At the same time, members of service will not take any action that will interfere with or impede civil immigration enforcement undertaken by federal authorities,” the document said.
“If an individual subject to civil immigration enforcement by federal agents and asserts that such enforcement is based in error or is impermissible, that individual has legal recourse through immigration proceedings and in the courts.”