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New York City Council
Oversight - Examining the Executive Order 13 of 2026 Report of Audit Findings and Recommendations
Read summaries and jump into the video at the segment start.
Council staff opens the Committee on Immigration hearing, asks attendees to silence electronic devices, and explains how to sign up for in-person testimony. Staff then tells the chair the committee is ready to begin.
Chair Elsie Encarnación calls the hearing to order, introduces herself as chair of the Committee on Immigration, and states that the committee will examine Executive Order 13 of 2026 and its audit findings. She thanks administration representatives, the public, and colleagues for attending.
Chair Encarnación frames New York City's sanctuary legacy, noting local laws since 2011 that restrict city resources from facilitating federal immigration enforcement. She says these safeguards are meant to uphold the dignity of all residents.
Chair Encarnación cites Department of Investigation reports from late 2025 detailing violations of detainer laws by DOC and NYPD. She also notes public reporting that ICE entered city shelters armed and without judicial warrants at least five times in 2025.
Chair Encarnación explains that Mayor Mamdani issued Executive Order 13 on February 6, 2026, requiring six agencies to audit compliance with local immigration laws. She describes the order's requirement to submit a report within 90 days and its creation of an interagency response committee.
Chair Encarnación summarizes the May 22 audit report, which found intensified federal targeting of city shelters and increased detainer requests to DOC and NYPD. She says the mayor adopted agency-specific recommendations to strengthen protections.
Chair Encarnación says the hearing will assess implementation of the audit recommendations and how the administration will communicate progress. She says the committee will question MOIA about its IRC role, guidance timeline, and work with agencies.
Chair Encarnación introduces Resolution 626, sponsored by Council Member Farah Louis, calling on the U.S. Senate to pass S.4814 to designate Haiti for Temporary Protected Status. She notes Haiti's instability since the 2010 earthquake and says she is proud to co-sponsor the resolution.
Chair Encarnación thanks committee staff, including Senior Legislative Counsel Nicole Cata and policy and finance analysts, for their work on the hearing. She also thanks her own staff, especially Chief of Staff Stephanie Herrera, and the Sergeant at Arms.
Chair Encarnación turns the floor to Council Member Farah Louis for remarks on Resolution 626. Louis thanks the chair, greets Commissioner Ali, and acknowledges advocates including the Haitian American Lawyers Association and 1199.
Council Member Louis tells the story of her cousin Pierre Richard Eloy, who was days away from receiving TPS and traveling to New York when he was murdered in Haiti. She says TPS termination is life-or-death for Haitian families and describes the case of a Haitian student placed on an ankle monitor.
Council Member Louis says about 350,000 Haitians nationwide held TPS, including 40,000 in New York City, and that those protections are now gone. She cites ICE arrests in New York City and says Mayor Mamdani raised TPS devastation with President Trump.
Council Member Louis says Haitian New Yorkers are part of the city's fabric and deserve dignity, not fear. She urges colleagues to support Resolution 626 and calls on the Senate to pass S.4814.
Chair Encarnación thanks Council Member Louis and offers condolences to her family. She then turns the hearing over to committee counsel to administer the oath before administration testimony.
Council staff announces that the committee will hear from MOIA Commissioner Faiza Ali and Lorena Lucero. Staff administers the affirmation to the panelists and tells them they may begin.
Commissioner Faiza Ali introduces herself as head of the Mayor's Office of Immigrant Affairs. She says New York City's sanctuary status since 1989 has been foundational to trust between immigrant communities and local government.
Commissioner Ali describes what sanctuary protections mean in practice, including going to hospitals and entrusting children to public schools without fear. She says increased federal immigration activity has heightened fear and disrupted families.
Commissioner Ali explains that Mayor Mamdani signed Executive Order 13 on February 6, 2026, directing six agencies to audit interactions with federal immigration agencies. She says the order also established the Interagency Response Committee, or IRC, chaired by the First Deputy Mayor.
Commissioner Ali says the May audit found local laws generally working as intended while identifying areas for improvement. She highlights increased federal activity at shelters, more detainer requests, expanded federal agencies involved, and aggressive tactics.
Commissioner Ali reports that the city updated guidance on reporting federal immigration requests and on non-local law enforcement access to city property. She says the six audited agencies plus H&H and Public Schools have completed or made significant progress on recommendations.
Commissioner Ali details ACS progress, including stronger review of orders of protection and monthly audits of family court reports for improper immigration status references. She says ACS incorporated these practices into trainings and supervision.
Commissioner Ali says DOC's Correctional Intelligence Bureau now reviews federal law enforcement requests to identify their purpose and elevate them to the legal division. She also says the Department of Probation reinforced limits on immigration status in pre-sentencing reports and improved detainer reporting.
Commissioner Ali says DOHMH is finalizing post-incident protocols and new facility signage. She says DSS issued revised protocols and best practices for shelter and provider staff when non-local law enforcement appears at facilities.
Commissioner Ali says NYPD is on track to complete updated protocols on detainer requests, property access, and joint task forces. She says NYPD has begun implementing protocols for 911 calls involving federal immigration authorities and completed an email audit of task force officers.
Commissioner Ali says NYC Health and Hospitals issued guidance for when ICE brings individuals to H&H facilities and centralized best practices for staff interactions with federal immigration authorities. She says Public Schools expanded guidance to after-school programs, field trips, and ICE presence near schools.
Commissioner Ali thanks agency partners and emphasizes ongoing cooperation and continuous improvement. She says work is not finished and MOIA will continue through the IRC to guide agencies and educate the public.
Commissioner Ali expresses support for Resolution 626 and says federal termination of Haiti TPS has created fear and economic instability. She describes MOIA's Haitian Response Initiative, multilingual FAQ, outreach, rapid response clinics, and legal support hotline.
Chair Encarnación thanks Commissioner Ali, acknowledges Council Member Aviles, and begins questioning. She asks about the responsibilities of each IRC member, and Ali explains the IRC is a coordinating body chaired by the First Deputy Mayor with senior staff support.
Chair Encarnación asks how often the IRC will review contracts and data-sharing agreements to protect New Yorkers' data privacy. Ali says the audit reviewed technologies and vendors for data risks and confirmed required identifying information law provisions were included.
Chair Encarnación follows up to confirm that the IRC review includes examining the systems themselves, not just contract language. Ali confirms that is correct.
Chair Encarnación asks whether state representatives sit on the IRC. Ali says no state representatives are on the IRC, but the city communicates with state partners informally through MOIA, City Hall, and the Attorney General's office.
Chair Encarnación asks whether the IRC will consider more severe penalties for city workers who violate sanctuary policies. Ali says failure to implement protective laws will not be tolerated and employees may be subject to discipline.
Chair Encarnación asks whether NYC Public Schools will be formally incorporated into the IRC. Ali praises the collaboration, noting regular meetings, updated guidance before the school year, translated Know Your Rights flyers, and a multilingual comic book.
Chair Encarnación comments that the Know Your Rights comic book is a double-edged sword: useful but sad that it is necessary. She says her office distributes it during outreach and applauds its creation.
Chair Encarnación asks whether all city agencies were told which federal agencies are now involved in civil immigration enforcement before reporting interactions. Ali says the audit identified nontraditional agencies like FBI, HSI, and ORR, and agencies were asked to report broadly.
Chair Encarnación asks how the audit identified key issues to review. Ali says it combined data analysis, external oversight, stakeholder engagement, historic reporting gaps, DOI findings, and site visits to shelters.
Chair Encarnación notes that Council Member Joseph has joined and says she will ask two more questions before allowing Joseph to speak on the resolution. She then asks about the timeline for releasing all citywide guidance, and Ali says both guidance documents were issued in June.
Chair Encarnación asks who will oversee the IRC's issuance of updated guidance. Ali says the IRC and the Law Department will oversee issuance and implementation.
Chair Encarnación asks whether the city anticipates needing additional resources for this work. Ali says current work relies on existing agency structures and resources, but MOIA continues to assess resource needs.
Chair Encarnación asks whether agencies have been instructed to alert MOIA if they need support or training. Ali confirms that agencies can raise needs through MOIA and the IRC, and that training is required for public-facing city employees and contracted employees.
Chair Encarnación asks when MOIA and the IRC will revise previously published reports and issue unpublished reports as indicated by EO recommendations. Ali says Local Law 228 reports for FY26 are published and amended reports are still in progress.
Chair Encarnación turns the floor to Council Member Rita Joseph for remarks on the resolution. Joseph thanks the chair and begins her statement in support of S.4814.
Council Member Joseph speaks as a daughter of Haiti and representative of Haitian New Yorkers, describing the 2010 earthquake and the promise of TPS. She says Haiti remains unsafe, TPS was stripped away, and S.4814 is not charity but recognition that Haitians are neighbors and future.
Chair Encarnación asks about ACS's plan to audit court reports for improper immigration status references. Ali says ACS established monthly reviews by family court legal services deputy borough chiefs and the first audit is under review through the IRC.
Chair Encarnación asks whether ACS's required annual refresher training for staff and providers will take place this year. Ali says ACS is creating refresher trainings to begin in January 2027 and MOIA will review and support the rollout.
Chair Encarnación asks whether ACS has instituted audit procedures including retraining and discipline for repeat violations. Ali says ACS is working to establish retraining procedures on the same timeline as refresher training, starting early next year.
Chair Encarnación asks whether MOIA and the IRC will ensure ACS implements a procedure to seek written consent from children's attorneys before outreach to immigration authorities. Ali says ACS now uses a consent form and MOIA will continue working through the IRC.
Chair Encarnación moves to DOC and asks what enhanced review of federal law enforcement requests means. Ali says DOC's Correctional Intelligence Bureau will identify the purpose of requests and elevate them to the legal division for review.
Chair Encarnación asks when DOC will discontinue daily reports to ICE not required by law and who will confirm it. Ali says DOC no longer sends those reports and oversight will be conducted through the IRC, though she will follow up on a formal timeline.
Chair Encarnación asks who was responsible for the DOC email audit. Ali says DOC is working with its IT team to set up the audit and targets completion by the end of the year.
Chair Encarnación asks what the audit of technology vendors and third parties entailed. Ali says the IRC team worked with agencies to review contracts and vendors, but she will follow up on whether every vendor storing or accessing city information was identified.
Chair Encarnación pauses her questioning to allow Council Member Aviles to ask questions. Aviles thanks the chair and begins her round.
Council Member Aviles follows up on the IRC's review of contracts and data-sharing agreements, asking about the breadth and scope of surveying actual data in systems. Ali says the review looked at data flows and contract protections, and MOIA will follow up with details on what was surveyed.
Council Member Aviles asks whether MOIA is supporting NYC Public Schools in training staff on updated policies, not just leadership. Ali says MOIA is working closely with agencies on training timelines and ensuring policies do not sit on a shelf.
Council Member Aviles asks about progress on Local Law 114 signage. Ali says MOIA created the signage and sent it to agencies, which are on track to post it by September 30th.
Council Member Aviles asks about use of the MOIA hotline amid public charge changes and ICE presence. Ali says calls have increased due to outreach and partnerships, and Lorena Lucero gives top-line numbers, including 154 individuals contacted through targeted TPS outreach.
Council Member Aviles raises the shortage of legal service providers physically present in the city and asks how the city is creatively addressing unmet need. She says she wants a deeper conversation about building the legal support pipeline.
Chair Encarnación moves to the Department of Probation and asks when it will institute limits on immigration status in pre-sentencing investigation reports and who will confirm. Ali says DOP has already instituted the limits, communicated them to executive staff, and reinforced them in trainings.
Chair Encarnación asks whether DSS incident reports have been revised to ensure all shelter interactions are reported. Ali says DSS clarified that any interaction with non-local law enforcement must be labeled a Priority 1 incident and is reviewing reports through enhanced training.
Chair Encarnación asks about a recommendation regarding incorrect referrals to 26 Federal Plaza. Ali clarifies that DSS issued guidance that caseworkers should not refer individuals to 26 Federal Plaza but should connect them to immigration attorneys and legal services.
Council Member Joseph asks what steps the city is taking to aid people who may lose status in the future. Ali says MOIA works with Haitian Response Initiative partners, legal clinics, and the hotline to connect people to attorneys and help families plan next steps.
Council Member Joseph asks whether the administration will conduct a similar audit or review in the future to learn lessons. Ali says there may not be a formal audit but the city has ongoing conversations with impacted people and service providers to pivot as needed.
Council Member Joseph asks what audit tools the agencies and IRC use. Ali says the audit involved direct engagement with agencies reviewing every policy and protocol related to federal immigration enforcement interactions.
Council Member Joseph asks about the human capacity of agencies to respond and conduct audits. Ali says agencies have taken the work seriously and have been supportive, with no pushback so far.
Council Member Joseph asks what staff are instructed to do when armed and masked federal agents enter shelters without permission. Ali says DSS revised protocols and flow charts, and frontline staff should photograph warrants and let legal counsel determine whether entry is allowed.
Council Member Joseph asks how many times federal agents have entered New York City facilities without permission. Ali says that is a great question and MOIA will follow up with the number.
Council Member Joseph asks how MOIA is working with Project Open Arms and NYC Public Schools to protect students, including legal steps if students are detained. Lorena Lucero says MOIA speaks with Project Open Arms weekly and coordinates on legal services and elevated cases.
Chair Encarnación asks whether protocols and trainings include detailed reporting to the Attorney General's office when incidents occur. Ali says it is part of Local Law 228 reporting and the city encourages over-inclusive reporting of any interaction that may relate to immigration enforcement.
Chair Encarnación asks how aligned trainings are for school safety officers and school staff, since school safety falls under NYPD. Ali says training applies to school safety agents and frontline staff, but MOIA will follow up on who exactly trains school safety agents.
Chair Encarnación moves to DOHMH and asks about post-incident protocols. Ali says MOIA and the IRC are working with DOHMH on protocols including notification to individuals and counsel, with a target date of October 30th.
Chair Encarnación asks about DOHMH's process to audit facility signage. Ali says DOHMH has new signage under review and plans installation by October 30th in collaboration with MOIA.
Chair Encarnación asks when NYPD will institute its protocol for notifying the operations division of civil immigration requests and who confirms it. Ali says NYPD established the protocol and the IRC is supporting and confirming implementation.
Chair Encarnación asks about NYPD's protocol for 911 calls related to federal immigration authorities and who confirms it. Ali says the IRC works with agencies on implementation plans and NYPD has begun implementing the 911 protocol.
Chair Encarnación asks whether NYPD completed its email audit of task force officers. Ali says the email audit is complete and under review, and NYPD is now in compliance with outstanding reporting requirements under Local Laws 10-178 and 14-154.
Chair Encarnación moves to H&H and asks whether it will work with MOIA to implement its five key recommendations. Ali says MOIA as part of the IRC will support H&H, and H&H has voluntarily committed to submitting Local Law 228 reports within privacy limits.
Chair Encarnación asks about Operation Rotten Apple and whether MOIA tracked the summer surge of ICE agents. Ali says MOIA closely monitors enforcement trends and tracks ICE interactions with city agencies under Local Law 228, while also monitoring national trends and community reports.
Chair Encarnación asks whether MOIA performed targeted outreach in areas with spikes. Ali says MOIA's community engagement team canvasses impacted neighborhoods, distributes Know Your Rights information, and works with partner agencies; Lorena Lucero adds they partner with other city offices for broader reach.
Chair Encarnación asks how the IRC will function during future surges and whether it will expand. Ali says the IRC will continue as a coordinating body to monitor federal enforcement and policy changes and support agencies serving immigrant New Yorkers.
Chair Encarnación asks about Local Law 228 reports for early 2026. Ali says the reports were published yesterday and that all six audited agencies will provide information going forward, with H&H and Public Schools voluntarily participating.
Chair Encarnación asks whether NYPD and DOP will standardize detainer reporting by conviction status and terrorist screening database matches. Ali says yes, they will align with DOC, and quarterly detainer reports are now happening for NYPD, DOC, and DOP.
Chair Encarnación asks how many people called the MOIA hotline this fiscal year and how many sought immigration legal services. Lorena Lucero says 8,199 people called from July 1 to September 15, and immigration legal services is the top issue.
Chair Encarnación asks how MOIA defines a surge neighborhood and how often outreach happens. Lucero says they go by council district, respond to reports from advocates and partners, and conduct at least one outreach event per week, sometimes more during crises like Haiti TPS.
Chair Encarnación thanks MOIA for its work and says EO 13 was helpful but only the beginning. She says the committee will follow up on implementation of findings and recommendations.
Chair Encarnación asks Commissioner Ali about her ongoing role in the IRC and how significant it will be. Ali says the IRC is critical given fast-changing immigration enforcement and that senior City Hall leadership, including the First Deputy Mayor, shows the mayor takes the issue seriously.
Chair Encarnación says she will take a short break and then move on to public testimony. She thanks Commissioner Ali for her testimony.
Council staff asks everyone to quiet down and find their seats as the hearing resumes. Staff says the committee will resume momentarily.
Chair Encarnación thanks everyone for the break and calls Isabel Ortega Romero from the Brooklyn Borough President's office to testify. Romero represents Brooklyn Borough President Antonio Reynoso.
Isabel Ortega Romero says New York City is home to 3.1 million immigrants who make up 38% of the population and paid $74.8 billion in taxes in 2024. She says immigrants live in fear and that the audit revealed many city agencies were not complying with sanctuary laws.
Isabel Ortega Romero recommends forming an independent commission to audit and enforce sanctuary compliance, drafting penalties for violations, and creating disciplinary procedures. She also says Borough President Reynoso strongly supports Resolution 626 and S.4814 for Haiti TPS.
Chair Encarnación thanks the witness and opens the hearing for public testimony. She outlines rules: no video or photography from the witness table, two minutes per speaker, and written testimony may be submitted to the Sergeant at Arms or by email within 72 hours.
Chair Encarnación calls the first in-person panel: Deborah Lee from Legal Aid Society, Whitney Bronstein from Immigrant Defense Project, Rosa Cohen-Cruz from Bronx Defenders, Brittany Brown from New York County Defenders, and Josh Epstein from Brooklyn Defender Services.
Panelists take their seats and exchange brief logistical comments before testimony begins. Staff and witnesses arrange copies and seating.
Rosa Cohen-Cruz of Bronx Defenders says she has testified repeatedly about sanctuary violations by DOC, NYPD, and ACS. She welcomes EO 13 but says DOC misreads the statute by transferring people with certain convictions without a judicial warrant and by counting instant-arrest convictions.
Brittany Brown of New York County Defender Services says the audit revealed DOC routinely sent daily lists of people in custody to federal authorities without mayoral approval. She describes a case where a correction officer facilitated an ICE interview request and says the audit must go beyond formal requests.
Deborah Lee of the Legal Aid Society says sanctuary laws protect all New Yorkers but the audit found serious gaps, especially DOC's continued coordination with ICE. She says DOC responded to 24 ICE detainer requests and urges passage of Intro 396, Intro 209, and Intro 395, plus public quarterly EO 13 reports.
Josh Epstein of Brooklyn Defender Services thanks the mayor and IRC for the audit and says it highlighted gaps in detainer laws. He raises concerns about third-party data sharing, NYPD's Domain Awareness System, and jail phone systems storing voice prints and biometric data.
Whitney Bronstein of Immigrant Defense Project says DOC has allowed ICE to detain New Yorkers from Rikers without judicial warrants and misreads the statute on convictions. She says NYPD reporting compliance is good but non-reporting elements and 911 call incidents remain unaddressed, urging passage of the Trust Act and Intros 395 and 396.
Chair Encarnación thanks the panel and notes she is now lead sponsor of Intros 395 and 396. She commits to moving them through the legislative process, working with advocates to strengthen the wording, and holding a hearing with DOC.
Chair Encarnación calls the next panel: Monique Francis from CUNY Citizenship Now, Laura Adams from The Door, Maria Posadenti from Safe Passage Project, Rodney Souvenir from the Haitian American Lawyers Association, and Joshua Santangelo from Children's Law Center.
Monique Francis of CUNY Citizenship Now describes its free legal services since 1997 and its work with Haitian TPS since before the 2010 earthquake. She recounts early large TPS application events and current partnerships for Know Your Rights and family preparedness sessions.
Laura Adams of The Door says the organization handled over 2,500 immigration matters this year, including 614 unaccompanied minors. She reports drops in program attendance due to ICE fear, raises concerns about ORR and ICE targeting foster youth, and says DYCD was excluded from the audit.
Maria Posadenti of Safe Passage Project tells the story of Dee, an unaccompanied minor in ACS custody who missed immigration court and was later arrested by ICE after being placed on Long Island. She says ACS failures led to months in adult ICE detention and urges concrete protections for children in ACS custody.
Rodney Souvenir, president of the Haitian American Lawyers Association of New York, strongly supports Resolution 626 and S.4814. He notes the House passed its version with bipartisan support and describes how TPS uncertainty affects Haitian families in Flatbush, Canarsie, and beyond.
Joshua Santangelo of Children's Law Center's Youth Guardianship Project says immigrant clients fear entering government buildings, including courthouses, and guardians refuse fingerprinting due to ICE fear. He urges passage of the Trust Act and continued Know Your Rights materials.
Chair Encarnación asks whether Santangelo supports the resolution, and he says yes. She asks him to put that on the record and thanks the panel.
Chair Encarnación calls the next panel: Lady Zela Rosa from La Colmena, Gisela Marroquin and Van from Mixteca, Julio Santo Domingo from the International Rescue Committee, and Sandra Jourdainet. She notes one person may be at another hearing and calls Karina from NYLPI to take a space.
Gisela Marroquin of Mixteca says the organization has served Latinx and Indigenous communities in Sunset Park for 26 years. She calls for public multilingual data-sharing policies, accountability for DOC's past daily ICE reporting, and firm deadlines for implementing protections.
Van of Mixteca says most agencies complied with EO 13 but some protocols were not followed. Van calls for a communication plan to inform immigrant New Yorkers through community-based organizations and for quarterly updates and audits.
Sandra Jourdainet of Catholic Charities' Haitian Response Initiative describes its culturally and linguistically responsive legal services. She says TPS has ended for over 330,000 Haitians nationwide and asks the Senate to pass S.4814 and DHS to halt arrests and deportations of former TPS holders.
Julio Santo Domingo of the International Rescue Committee says IRC has served 10,000 Haitian clients in four years, including 5,700 in New York and New Jersey. He describes Haiti's gang violence and food insecurity and supports Resolution 626, sharing a client's story.
Karina Bistegui-Adler of New York Lawyers for the Public Interest supports EO 13 and H&H's voluntary participation. She asks H&H to track ICE medical clearance requests, for the IRC to partner with immigrant patient advocacy organizations, and for the city to support the Safe Access to Care Act.
Chair Encarnación calls the final panel: Lady Zela Rosa from La Colmena, Stephanie Delia from Little Haiti BK, Nazia Fiazi and Steve Auerbach from Health Justice for New York. She notes anyone not called should fill out a form.
Stephanie Delia of Little Haiti BK says over half a million Haitian TPS recipients lost status on July 27, 2026, and there are not enough immigration lawyers. She calls for more pro se services, preparedness planning, guardianship orders, and ways to protect assets if people are removed.
Lady Zela Rosa of La Colmena describes ICE enforcement on Staten Island days after a Mexican Independence Day parade and says staff witnessed an officer threatening a child. She calls for concrete investment in trusted community-based organizations to receive reports and connect people to services.
Nazia Fiazi of Health Justice for New York says protections must be felt in hospitals, shelters, schools, and agencies. She calls for clear multilingual information, regular front-facing employee training, and ways to measure whether policies are working, especially for immigrant women.
Dr. Steve Auerbach of Health Justice for New York says the audit shows sanctuary laws need actual enforcement and consequences for violators, including DOC and NYPD. He supports S.4814, calls on Senator Schumer to whip votes, and urges pressure on private hospitals to obey laws.
Chair Encarnación thanks the panel and calls the Zoom witness, Amanda Powers from NYC Anti-Violence Project. She tells Powers she may begin speaking.
Amanda Powers of NYC Anti-Violence Project says AVP serves LGBTQ+ and HIV-positive survivors of violence, including immigrants. She describes a transgender client in solitary confinement in an all-male ICE detention center and urges passage of the Trust Act and Intros 395 and 396.
Chair Encarnación says the committee has heard from everyone who signed up and asks any missed witnesses to fill out a slip or raise their hand on Zoom. She reads a registered name, notes written testimony may be submitted within 72 hours, and adjourns the hearing.