If you are living in New York City without immigration status, local law protects your access to most public services and limits how city agencies work with federal immigration enforcement. Undocumented immigrants in NYC have rights and resources that cover identification, driving, healthcare, schools, housing, work, legal help, and taxes, and most of them apply regardless of how you entered the country or how long you have been here.
How NYC Limits Cooperation With ICE
City law builds a wall between local agencies and federal immigration enforcement. Under NYC Administrative Code ยง 14-154, no city department or employee may use city funds or personnel to investigate or enforce federal civil immigration law. That means city workers cannot interview you for immigration authorities, share your personal information with them, tip them off about where you are, or hold you in custody for immigration purposes.1American Legal Publishing. New York City Administrative Code 14-154 – Persons Not to Be Detained
There are three narrow exceptions. The city will cooperate with federal authorities if there is a judicial warrant signed by a judge, if you have been convicted of a violent or serious crime within the past five years, or if you appear on the federal terrorist screening database.1American Legal Publishing. New York City Administrative Code 14-154 – Persons Not to Be Detained A prior conviction by itself does not count. It must be a violent or serious offense, and it must have happened within the last five years.
A second layer comes from Executive Order 41. Local law enforcement cannot ask about your immigration status unless they are investigating criminal activity beyond the fact that you lack status.2NYC.gov. Executive Order 41 of 2003 You can call 911, go to a city hospital, enroll your child in school, or file a workplace complaint without being asked where you were born or whether you have papers.
What To Do If ICE Approaches You
Federal immigration agents still operate within city limits. A few things to know before that happens:
- You do not have to open your door. ICE agents cannot enter your home without a warrant signed by a judge. An ICE administrative warrant is a form signed by an ICE officer, not a judge, and it does not give agents authority to enter without your consent.
- You have the right to remain silent. You are not required to answer questions about where you were born, how you entered the country, or your status. You can say, “I am exercising my right to remain silent.”
- Do not sign anything without a lawyer. Signing documents can waive your rights, including the right to a hearing before an immigration judge.
- Call for help. The Mayor’s Office of Immigrant Affairs (MOIA) runs a free, confidential immigration legal support hotline at 800-354-0365. You can also dial 311 and say “immigration legal.”3NYC.gov. Know Your Rights – Federal Immigration Enforcement (ICE)
If a family member or friend is detained, the hotline can help you locate them and connect them with free legal representation. It operates Monday through Friday, with extended evening hours on Mondays and Wednesdays.
Getting Identification: IDNYC and a Driver’s License
IDNYC
IDNYC is the city’s free identification card. Any resident age 10 or older can apply regardless of immigration status. Having government-issued ID makes daily life easier, from picking up packages to interacting with police to opening a bank account.
To apply, you need documents worth at least four points total under the IDNYC system: three points proving identity and one point proving you live in the city.4IDNYC. Document Calculator – How to Apply A foreign passport or consular ID usually covers identity, and a utility bill, bank statement, or lease with your name and a current NYC address covers residency.5IDNYC. How to Apply Schedule an appointment online or by calling 311. Appointments open each Friday for the following week.6IDNYC. Make an Appointment Your originals are scanned and returned on the spot, and the card arrives by mail within 10 to 14 business days. The card also includes free one-year memberships at major cultural institutions like the Met, MoMA, the American Museum of Natural History, and the Bronx Zoo.7NYC.gov. Museums and Cultural Institutions
Driver’s License Under the Green Light Law
New York’s Driver’s License Access and Privacy Act, known as the Green Light Law, lets any state resident age 16 or older apply for a standard driver’s license regardless of citizenship or status.8New York State Department of Motor Vehicles. Driver Licenses and the Green Light Law If you have never had a Social Security number, you can sign an affidavit saying so and still apply.
Two limits to be aware of. The license is marked “NOT FOR FEDERAL PURPOSES” because it does not meet the federal REAL ID standard, so you cannot use it to board domestic flights or enter certain federal buildings. And the law only covers driver’s licenses, not non-driver ID cards. If you want ID without driving, use IDNYC.8New York State Department of Motor Vehicles. Driver Licenses and the Green Light Law
The law also limits the DMV’s ability to share your data with agencies whose main job is immigration enforcement. If such an agency requests your records, the DMV must notify you. One practical note: if your license was issued without a Social Security number, you will need to renew or replace it in person or by mail, because the DMV’s online services require an SSN.8New York State Department of Motor Vehicles. Driver Licenses and the Green Light Law
Healthcare You Can Access
NYC Care is the city’s main health access program for people who cannot get or afford insurance. It is not insurance. It is a membership program run through NYC Health + Hospitals that assigns you a primary care doctor and gives you access to low-cost or no-cost services at public hospitals and clinics across the five boroughs, including primary care, mental health treatment, low-cost prescriptions, vaccinations, and cancer screenings. Immigration status does not affect eligibility.9NYC Care. NYC Care10ACCESS NYC. NYC Care
If you are undocumented, under 65, and not pregnant, you may still qualify for Medicaid coverage for emergency medical services if you meet New York State’s other requirements.11NYC.gov. Immigrants – OCHIA Federal law also requires every hospital with an emergency department to screen and stabilize anyone with an emergency medical condition, regardless of insurance or ability to pay.12HHS Office of Inspector General. The Emergency Medical Treatment and Labor Act (EMTALA) No hospital can refuse you emergency care or demand proof of status before treating you.
Pregnant women, new mothers, and caregivers of children under five can enroll in WIC, the Special Supplemental Nutrition Program for Women, Infants, and Children, regardless of status. WIC provides free healthy foods, nutrition education, and breastfeeding support.13New York State Department of Health. Am I Eligible for WIC? Call 311 to find your nearest WIC office.
School for Your Children and College for You
Every child in NYC can attend public school regardless of their own or their parents’ immigration status. Schools in New York are prohibited from asking for a Social Security card or number, or any information that would reveal immigration status, at the time of enrollment.14New York State Attorney General. Safeguarding the Rights of Immigrant Students If a school asks, it is violating state policy.
Undocumented students can also qualify for in-state tuition at City University of New York (CUNY) schools. In general, you need to have attended a New York high school for at least two years, graduated, and applied to CUNY within five years of your diploma. Students who earned a GED or TASC diploma through an approved New York program qualify under the same five-year window. You must file an affidavit stating that you will apply to legalize your status as soon as you are eligible.15The City University of New York. Paying for College
Housing and Tenant Protections
The NYC Human Rights Law makes it illegal for a landlord to refuse to rent to you, set different terms, harass you, or retaliate against you because of your actual or perceived immigration or citizenship status. This covers apartments, co-ops, and rooms for rent.16American Legal Publishing. New York City Administrative Code 8-101 – Policy If you are a rent-stabilized tenant, your landlord cannot demand immigration documents or a Social Security number as a condition of renewing your lease.17New York State Homes and Community Renewal. Fact Sheet for Building Owners – Housing Rights of Foreign-Born Tenants
If you face eviction, NYC’s Right to Counsel law gives you free legal representation in housing court or NYCHA administrative proceedings. It applies in every ZIP code, regardless of status.18NYC.gov. Right to Counsel Call 311 to connect with legal services if you are being harassed by a landlord or served with eviction papers.
Working and Getting Paid Fairly
City and state labor protections apply to every worker, including those without work authorization. Every worker is entitled to the state minimum wage, which is $17.00 per hour in NYC as of January 1, 2026.19New York State Department of Labor. Minimum Wage Your employer cannot pay you less because of your status, and threatening to report you to ICE because you asserted labor rights is illegal.
You also earn paid safe and sick leave, accruing one hour for every 30 hours worked, with annual caps that depend on employer size. You can use this time to recover from illness, care for a family member, or handle safety concerns tied to domestic violence or trafficking.
The NYC Human Rights Law bars discrimination and retaliation against any worker based on actual or perceived immigration status, covering hiring, firing, pay, and conditions.20NYC Commission on Human Rights. Protections Based on Immigration Status and National Origin If your employer breaks wage, safety, or anti-discrimination rules, you can file a complaint through the NYC Department of Consumer and Worker Protection.21NYC Department of Consumer and Worker Protection. NYC Department of Consumer and Worker Protection Portal City labor enforcement focuses on whether the employer broke the law, not on the worker’s status.
Free Legal Help
The city funds free immigration legal services through ActionNYC and a network of more than 20 Immigration Legal Support Centers run by MOIA. Licensed attorneys at trusted community organizations can screen you for immigration benefits and help with citizenship applications, green cards, DACA, Temporary Protected Status, and other forms of relief. Services are free, confidential, and available in your preferred language.22ACCESS NYC. MOIA Immigration Legal Support Centers
To get connected, call the MOIA Immigration Legal Support Hotline at 800-354-0365, or dial 311 and say “immigration legal.”3NYC.gov. Know Your Rights – Federal Immigration Enforcement (ICE) Watch out for scams. If someone who is not a licensed attorney or an accredited representative offers to handle your immigration case for a fee, that is a warning sign. Use the city’s free resources instead.
Filing Taxes With an ITIN
You can file federal income taxes without a Social Security number by using an Individual Taxpayer Identification Number (ITIN). The IRS issues ITINs for federal tax purposes only, and you can apply regardless of immigration status. Submit IRS Form W-7 with your tax return by the filing deadline, or request an extension. You will need to include original identity documents, such as a passport, or certified copies.23Internal Revenue Service. Individual Taxpayer Identification Number (ITIN)
An ITIN lets you file taxes and claim certain refunds. It does not authorize employment, change your immigration status, or qualify you for Social Security benefits.23Internal Revenue Service. Individual Taxpayer Identification Number (ITIN) A consistent tax filing history can matter later if you ever become eligible to adjust your status, and some banks and credit unions accept ITINs to open accounts, which helps you build a financial record in the city.