Noem claims Mamdani could be violating Constitution with advice to migrants

Homeland Security Secretary Kristi Noem said New York City Mayor-elect Zohran Mamdani (D) may have “violated the Constitution” by informing migrants of their rights if approached by immigration officers.

“We’re certainly going after and looking into all of that with coordination of the Department of Justice,” she said during an appearance on Fox News’s “Hannity,” adding that Mamdani “could be violating the Constitution by giving advice on how to evade law enforcement and how to get away with breaking the law.”

Mamdani on Monday said that as mayor, he would “protect the rights” of the roughly 3 million migrants in New York City in a “know your rights” video posted on the social platform X.

In the video, Mamdani is seen reminding viewers that U.S. Immigration and Customs Enforcement (ICE) agents can be refused entry into a home if they do not have a warrant but also said that people may not impede an investigation.

“If ICE does not have a judicial warrant signed by a judge, you have the right to say, ‘I do not consent to entry,’ and the right to keep your door closed,” Mamdani added.

He also said that individuals have the right to remain silent, ask whether they are free to go while being detained and film ICE activities so long as they do not interfere with an arrest.

Noem doesn’t offer specifics about how Mamdani may have run afoul of the law, but her comments have parallels with those made by Trump administration officials after six congressional Democrats posted a video noting that military service members have the right to refuse illegal orders.

President Trump on social media then claimed the video amounted to “seditious behavior from traitors” and said the remarks were “punishable by DEATH!” though the White House later said the president did not want to see them executed.

The FBI has since launched a probe into the six Democrats, who argue they did nothing unlawful in stating a fact.

“The president directing the FBI to target us is exactly why we made this video in the first place. He believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet,” Sen. Elissa Slotkin (D-Mich.), one of the members in the video, said after the investigation was ignited.

“He uses legal harassment as an intimidation tactic, to scare people out of speaking up.”

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