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NYC Council sues to stop ICE from opening Rikers Island office. Why they call it "tainted by conflict of interest"

New York City Council sues to stop ICE at Rikers Island
New York City Council sues to stop ICE at Rikers Island 02:36

The New York City Council filed a lawsuit Tuesday trying to stop the Adams administration's move allowing Immigration and Customs Enforcement to operate on Rikers Island. 

First Deputy Mayor Randy Mastro issued the executive order a week ago

The lawsuit alleges the executive order is "unlawful, tainted by the conflict of interest created by the corrupt bargain the mayor entered into" with the Trump administration, with the mayor allowing ICE to set up on Rikers in exchange for corruption charges against the mayor being dropped

The City Council lawsuit alleges that just because the executive order putting ICE at Rikers was issued by Mastro, and not the mayor, that doesn't resolve the mayor's alleged conflict of interest. 

What Randy Mastro said about the order

Mastro told CBS News New York the executive order was carefully written to comply with New York City's sanctuary city laws. Mastro said he did his own investigation, meeting with people on Rikers, before signing the order. 

"These are vicious killers and the worst kind of criminal gangs, and that's why they've been designated as terrorist organizations. So we are doing what we can for the safety of all New Yorkers to collaborate and communicate directly with federal law enforcement," Mastro said. 

Adrienne Adams, who is running to replace Eric Adams as mayor, said Mayor Adams "won't stop placing his personal interests ahead of the people of our city." 

"Mayor Eric Adams clearly indicated his intention for this executive order when the Trump administration attempted to dismiss his corruption case in what prosecutors and Judge Ho saw as a quid pro quo. The mayor has compromised our city's sovereignty and is now threatening the safety of all New Yorkers," Speaker Adams said. "This is a naked attempt by Eric Adams to fulfill his end of the bargain for special treatment he received from the Trump administration. New York cannot afford its mayor colluding with the Trump administration to violate the law, and this lawsuit looks to the court to uphold the basic standard of democracy, even if our mayor won't."

"Personal political deals should never dictate city policy, especially when they threaten rights as fundamental as due process and public safety," Council Member Sandy Nurse said. "This unlawful executive order sets a dangerous precedent and makes our city less safe. Handing the keys of New York City government over to the Trump administration to dismantle New Yorkers' rights cannot be allowed."

Legal experts call lawsuit a "significant stretch"

"While we will review the lawsuit, this one seems baseless and contrary to the public interest in protecting New Yorkers from violent criminals. We remain committed to our administration's efforts to reduce crime and keep New Yorkers safe - we hope the City Council will join us in doing so," the mayor's office said in a statement. 

"It is is a significant stretch to say that this executive order is unlawful merely because the mayor's deputy issued it. That doesn't work," Hofstra law professor James Sample said. 

Sample says while there are substantive legal questions over whether ICE can operate Rikers, the suit focuses on the mayor. 

"The mayor has the responsibility... for now, of running the city of New York in conjunction with the City Council, and his deputies need to have the authority to operate. So even if one opposes the idea of ICE being at Rikers, this lawsuit is not a viable solution to preventing it," Sample said. 

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