AVP Files Amicus Brief in Support of City Council’s Lawsuit to Stop the Adams Administration from Allowing ICE to Return to Rikers Island
NEW YORK, NY | May 13, 2025 MEDIA CONTACT: Leslie Allen, Director of Legal Services | lallen@avp.org | 212.714.1184 x34
The New York City Anti-Violence Project (AVP) filed an amicus brief on May 12, 2025, in support of the New York City Council’s lawsuit challenging Executive Order 50. Issued by the Adams Administration, EO 50 permits U.S. Immigration and Customs Enforcement (ICE) to be present on Rikers Island.
Despite New York City’s long-standing sanctuary laws, EO 50 opens a dangerous backdoor to ICE, disproportionately harming LGBTQ immigrants, including survivors of domestic and sexual violence. At Rikers, 87% of individuals are legally innocent and held pre-trial—often simply because they cannot afford bail. Under EO 50, even brief detention can lead to ICE surveillance, transfer, and deportation.
“This policy devastates lives,” said Leslie Allen, Director of Legal Services at AVP. “It allows legally innocent survivors to be funneled into ICE custody before they have a chance to clear their names. It punishes people not for what they’ve done, but for who they are and where they were born.”
A Two-Tiered System of Justice
EO 50 creates a deeply unequal system. A U.S. citizen charged with a low-level offense may serve a short sentence and return to their community. A noncitizen, by contrast, can be transferred to ICE custody and deported—even without a conviction. LGBTQ people, already subject to heightened rates of arrest and police surveillance, are especially at risk.
New York’s mandatory arrest laws in domestic violence cases require police to arrest someone at the scene. Due to bias and lack of training, officers often misidentify the primary aggressor in LGBTQ relationships—resulting in wrongful arrests and devastating immigration consequences for survivors.
Increased Danger in Detention and Deportation for LGBTQ Survivors of Violence
LGBTQ people face disproportionately high rates of harassment, assault, and solitary confinement in detention. Conditions in ICE custody have worsened following the recent shutdown of key federal oversight agencies. Deportation can amount to a death sentence: LGBTQ people face criminalization, violence, and in some cases, the death penalty in their countries of origin for same-sex relationships or gender nonconformity.
Undermining Public Safety and Public Health
EO 50 erodes trust between immigrant communities and public institutions by encouraging collaboration with ICE. LGBTQ survivors are now more afraid to call the police, seek hospital care, or enter shelters.
The chilling effect is real. AVP has seen a sharp rise in fear among immigrant clients since EO 50’s implementation. Even arrests that lead to no charges can derail asylum cases and trigger ICE involvement, especially amid the over policing of LGBTQ immigrants.
Call to Action
EO 50 must be repealed. It contradicts New York’s sanctuary values and exposes LGBTQ immigrant survivors to violence, detention, and deportation.
The New York City Anti-Violence Project is the only LGBTQ+-focused rape crisis center in New York State. AVP operates a 24/7 English/Spanish hotline for LGBTQ+ survivors of violence and offers free crisis counseling. If you need support, call AVP at 212-714-1141 or visit avp.org/get-help.