Mayor Issues Executive Order 13 in NYC

Download Executive Order 13

Protecting New Yorkers from Abusive Immigration Enforcement

WHEREAS, the City of New York is committed to protecting all New Yorkers, regardless of immigration status, by ensuring public safety, safeguarding City property, and protecting personal identifying information; and

WHEREAS, public safety is strengthened by encouraging all New Yorkers to engage with and have trust in the institutions dedicated to their protection; and

WHEREAS, the aggressive tactics that certain non-local law enforcement agencies use in pursuing civil immigration enforcement actions, commonly without a judicial warrant, hinder public safety by creating a culture of fear around interacting with City employees, including local law enforcement agencies such as the New York City Police Department, the Department of Correction, and the Department of Probation, and by deterring New Yorkers from accessing City services and participating in various types of proceedings affecting public welfare; and

WHEREAS, New York City Administrative Code section 4-210 prohibits non-local law enforcement from accessing non-public areas of City property, including shelters and schools, without a judicial warrant, except when duly authorized by City personnel or in case of an emergency; and

WHEREAS, New York City has enacted laws to ensure that New Yorkers can access City services and report crimes without fear of their information being turned over to non-local law enforcement agencies; and

WHEREAS, in addition, the federal government has sought the cooperation of local jurisdictions in disclosing identifying information possessed by the jurisdiction, and in situations where the local jurisdiction has not voluntarily complied with such requests, the federal government has tried to use legal process to compel the jurisdiction's compliance; and

WHEREAS, the federal government has sought to collect locally-maintained data concerning many groups of people, including, but not limited to, data concerning immigrant communities and data concerning gender affirming medical care; and

WHEREAS, the City of New York has a compelling interest in safeguarding the security of the identifying information it maintains; and

WHEREAS, the City of New York has an obligation to take all steps to uphold its laws, facilitate New Yorkers' unhindered access to City services, and discourage unjust and dangerous non-local law enforcement practices;

NOW, THEREFORE, by the power vested in me as Mayor of the City of New York, it is hereby ordered:

Section 1. Definitions. For purposes of this Order, the following terms have the following meanings:

1. "City lots" means vacant lots, parking lots, or garages leased or owned by the City of New York and over which the City has operational control;
2. "City property" means any real property leased or owned by the City that serves a City governmental purpose and over which the City has operational control;
3. "Contractor" means a person who has been awarded a contract by a city agency;
4. "Human services" means services provided to third parties, including social services such as day care, foster care, home care, homeless assistance, housing and shelter assistance, preventive services, youth services, and senior centers; health or medical services including those provided by health maintenance organizations; legal services; employment assistance services, vocational and educational programs; and recreation programs;
5. "Immigration enforcement" means the enforcement of any civil provision of the federal Immigration and Nationality Act of 1952 and any provision of such law that prohibits a person's presence in, entry into, or reentry into the United States, and any other activity covered by the definition of "immigration enforcement" in subdivision (a) of section 10-178 of the Administrative Code; and
6. "Judicial warrant" means a warrant issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, or any successor provision, or by a court of the state of New York, that authorizes a law enforcement officer to take into custody the person who is the subject of such warrant or to conduct a search or otherwise enter the premises at issue in accordance with the terms of the warrant.

§ 2. Public Safety Audits. The Administration for Children's Services (ACS), Department of Correction (DOC), Department of Health and Mental Hygiene (DOHMH), Department of Probation (DOP), Department of Social Services (DSS), and New York City Police Department (NYPD) shall ensure compliance with all relevant laws, rules, procedures, guidelines, and reporting requirements related to non-local immigration enforcement, including but not limited to sections 9-131, 9-205, 10-178, and 14-154 of the Administrative Code, and any other applicable federal, state, or local law. ACS, DOC, DOHMH, DOP, DSS, and NYPD shall immediately conduct a review and audit of all internal policies, guidelines, and protocols related to communication, cooperation, and coordination with non-local law enforcement agencies charged with immigration enforcement and submit a report to the Mayor within ninety (90) days of the date of this Order, by no later than May 7, 2026. Such report shall include, but not be limited to, any changes and updates to policies and protocols to ensure compliance among all relevant agency employees, officers, contractors, or subcontractors while on duty. Following the completion of the initial audit and report, ACS, DOC, DOHMH, DOP, DSS, and NYPD shall continuously review and make updates to their policies and protocols as needed.

1. ACS, DOC, DOHMH, DOP, DSS, and NYPD shall make their policies and protocols regarding interactions with immigration enforcement available on their websites. Such policies and protocols shall be written in plain language and in accordance with accessibility requirements set forth in Chapter 11 of Title 23 of the New York City Administrative Code (Local Law 30 for the year 2017, as amended). Any changes and updates to such policies and protocols shall be promptly reflected in the version provided online.
2. ACS, DOC, DOHMH, DOP, DSS, and NYPD shall implement training for agency employees, officers, contractors, or subcontractors in accordance with the policies and protocols developed pursuant to section 2 of this Order. Such training shall be updated along with the policies and protocols as needed.
3. The New York Health and Hospitals Corporation is encouraged to conduct an audit, disseminate policies and protocols, and implement training consistent with this section.

§ 3. Prohibiting Non-City Use of City Lots. Government personnel who are empowered to enforce civil or criminal laws, other than personnel of the City, Department of Education, or a local public benefit corporation or local public authority, are not permitted to use City lots, as such term is defined in section 1 of this Order, as staging areas, processing locations, or operations bases for the enforcement of civil or criminal laws unless:

1. Such personnel are authorized to use such lots for such purpose pursuant to a duly approved formal agreement, contract, or subcontract;
2. Such personnel present a judicial warrant;
3. Such personnel are using such lots for such purpose as part of a cooperative arrangement entered into formally on behalf of the City with state or federal agencies;
4. The use of such lots for such purpose furthers the purpose or mission of a city agency;
5. Exigent circumstances exist; or
6. The use of such lots for such purpose is otherwise required by law.

§ 4. Rule of Construction with Other Laws. Provisions of section 3 of this Order shall not be deemed to affect the interpretation or application of Administrative Code sections 4-210 and 10-178 and shall be construed consistently with such sections.

§ 5. Employee and Public Education Requirements. The Office of the Mayor, through the Interagency Response Committee established pursuant to section 7 of this Order, the Office of the Chief Counsel to the Mayor and City Hall, and the Mayor's Office of Immigrant Affairs, in conjunction with the Law Department, and any other office or agency designated for such function, shall coordinate mayoral agencies to develop and disseminate:

1. Information on how to manage interactions with representatives of non-local law enforcement agencies who seek the assistance of City employees or contractors, or access to City property, including the disclosure of information collected by City agencies, for the purposes of conducting immigration enforcement;
2. Training materials and training courses for public-facing City employees or contractors who are likely to encounter representatives of non-local law enforcement agencies seeking access to City property;
3. Materials to inform members of the public of the City's laws and policies regarding access to City property and to New Yorkers' personal information; and
4. Information regarding the rights of individuals, including immigrant New Yorkers, granted by federal, state, and local laws, and the Constitution of the United States.

§ 6. Privacy Protection. Every agency shall communicate to the Chief Privacy Officer the name and contact information of the agency's privacy officer within fourteen (14) days of the issuance of this Order, by no later than February 20, 2026. In the event that an agency's privacy officer thereafter vacates their position, the agency shall, in consultation with the Chief Privacy Officer, make all reasonable efforts to designate a new privacy officer within thirty (30) days of such vacancy, and promptly communicate such privacy officer's name and contact information to the Chief Privacy Officer.

1. The Chief Privacy Officer shall train agencies' privacy officers regarding compliance with the Identifying Information Law within sixty (60) days of the issuance of this Executive Order, by no later than April 7, 2026, or of the designation of any new agency privacy officer. The Chief Privacy Officer shall thereafter train agencies' privacy officers regarding compliance with additional privacy laws, as the Chief Privacy Officer may reasonably determine necessary.
2. The Chief Privacy Officer shall develop any protocols necessary to protect New Yorkers' identifying information in accordance with applicable laws.

§ 7. Interagency Response Committee. An Interagency Response Committee is hereby established to coordinate and manage policy response across agencies for any crisis in the City of New York.

1. The Interagency Response Committee shall be responsible for and assist in the coordination of:
   1. Development and implementation of City response policy and providing guidance in preparation for and response to crises;
   2. Promoting agency preparedness for specific crises;
   3. Analyzing vulnerabilities and risks in existing City policies and procedures related to potential or actual crises;
   4. Establishing policy priorities and messaging in coordination with City agencies in preparation for and during crises;
   5. Gathering data and documentation as necessary to prepare for and address crises; and
   6. Coordinating the City's policy response to crises, when directed by the Mayor, including regular reports to the Mayor on the operation of the Committee and any policy or operational changes recommended by the Committee.
2. The First Deputy Mayor shall serve as Chair of the Committee, in direct consultation with the Chief Counsel to the Mayor and City Hall, the Special Advisor for Strategic Coordination and Operations to the First Deputy Mayor, and the Commissioner of the Mayor's Office of Immigrant Affairs.
3. The Committee shall include senior operations managers from all City agencies and offices, the Department of Education, and all public benefit corporations where the majority of members are appointed by the Mayor, to be appointed by the heads of such entities. Such designations shall be made no later than February 13, 2026.
4. The Committee shall work with federal, state, local, tribal, and territorial government officials, as appropriate.

§ 8. Agency Cooperation.

1. In furtherance of section 3 of this Order, Mayoral agencies are directed to ensure that access to City property and City lots is maintained consistent with City law and to cooperate with the Interagency Response Committee, the Office of the Chief Counsel to the Mayor and City Hall, the Mayor's Office of Immigrant Affairs, the Law Department, and any other office designated pursuant to this Order, in developing and disseminating information as required by section 5 of this Order. The Interagency Response Committee, the Office of the Chief Counsel to the Mayor and City Hall, the Mayor's Office of Immigrant Affairs, the Law Department, and any other office designated pursuant to this Order, shall coordinate with the Department of Education, NYC Health + Hospitals, and other public agencies and entities as appropriate regarding access to City property.
2. In furtherance of section 7 of this Order, Mayoral agencies and offices shall cooperate with the Committee and shall provide appropriate resources as requested by the First Deputy Mayor. The Committee shall coordinate with the Department of Education and all public benefit corporations where the majority of the members are appointed by the Mayor.

§ 9. Effective Date. This Order shall take effect immediately.