Almost 200 illegal migrants in New York have been charged with federal crimes for entering the US illegally — after the Trump administration found a workaround to bypass sanctuary city laws and force local authorities to help with the president’s mass deportation effort.
The workaround escalates the cases from a civil immigration issue to a federal criminal one, allowing ICE agents to enter jails of sanctuary jurisdictions, including the Empire State, to pick up illegal migrants.
More than 35,000 border crossers roaming the country have been charged after entering the US illegally one or more times since President Trump returned to the White House, according to data obtained by The Post.
ICE agents arrest an illegal migrant on the streets of New York City. U.S. Immigration and Customs Enforcement via Getty Images
Nearly 200 migrants in New York were charged with federal crimes, the federal data shows.
The prestigious Manhattan US Attorney’s office in the Southern District of New York has hit 26 illegal migrants with the charges, according to the data.
Living in the US without documentation is not a crime under federal law, however, being caught crossing the border illegally is both a criminal and civil offense.
Still, illegal entry into the US is typically treated as a civil violation, resulting in deportation, rather than a federal crime — unless the person has already been deported or other criminal activity is involved.
Under the Trump administration and its immigration crackdown, ICE agents and DOJ attorneys across the country have been working “around the clock” to hit as many migrants with the federal criminal charges as they can, Homeland Security sources told The Post.
The Trump administration has also targeted more than 4,200 migrants roaming California as part of the effort, according to the data.
The Trump administration has been “pushing” US attorneys “to get creative” with targeting illegal migrants that pose “significant risks to public safety” in sanctuary cities and states, a DOJ source said.
Such federal criminal warrants are almost universally recognized, allowing ICE agents to enter jails without violating local sanctuary laws.
The Trump administration has used the criminal warrants to force sanctuary cities to open their jails to ICE agents. Getty Images
The warrants serve as a carveout for New York City’s sanctuary laws since they’re approved by a federal magistrate judge.
The Trump administration is “calling the bluff of sanctuary jurisdictions” in carrying out the effort, Andrew Arthur, a legal expert with the Center for Immigration Studies, told The Post.
“They will almost always honor those warrants. Because if you’re a state or locality, you don’t wanna get in bad with the federal judge,” said Arthur.
An immigrant in handcuffs is escorted by ICE agents inside the Federal Plaza courthouse in New York. AFP via Getty Images
“They’re playing with fire if they ignore a federal judicial warrant,” he added.
The Trump administration sued New York City and Mayor Eric Adams last month over Gotham’s sanctuary laws, days after an illegal immigrant shot an off-duty US Customs and Border Protection officer in the face during a botched robbery.
“The United States has well-established, preeminent, and preemptive authority to regulate immigration,” federal attorneys wrote.
“New York City has long been at the vanguard of interfering with enforcing this country’s immigration laws. Just this week, New York City’s sanctuary policies have reaped tragic consequences.”
Adams, who has advocated for the loosening of the sanctuary laws, argued that the issue lies in the hands of the city council.