U.S. Department of Homeland Security Secretary Kristi Noem said Monday that New York Mayor-elect Zohran Mamdani may be “violating the Constitution” after he released a video advising the public on how to avoid cooperation with Immigration and Customs Enforcement during enforcement actions, as reported by Fox News.
Appearing on “Hannity,” Noem said Mamdani’s statements could cross legal lines if issued while serving as mayor.
“If he were mayor, [he] could be violating the Constitution by giving advice on how to evade law enforcement and how to get away with breaking the law,” Noem said.

Mamdani posted the video on Sunday, following what he described as an attempted ICE raid in Manhattan.
In the clip, he outlined what he called New Yorkers’ rights during interactions with federal immigration authorities and said his administration would prioritize protecting immigrant communities while defending the city’s constitutional protections.
“As mayor, I’ll protect the rights of every single New Yorker, and that includes the more than 3 million immigrants who call this city their home,” Mamdani said.
“But we can all stand up to ICE if you know your rights.”
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He also provided advice for individuals approached by ICE officers. “First, ICE cannot enter into private spaces like your home, school, or private area of your workplace without a judicial warrant signed by a judge,” Mamdani said.
“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.”
Noem addressed the growing number of threats reported against ICE and Customs and Border Protection personnel, saying the violence is fueled by rhetoric from political figures.
“That rhetoric absolutely encourages these violent attacks,” she said. “In fact, we had a congresswoman attack our ICE law enforcement officers. We’ve had them show up at ICE facilities and CBP facilities and harass these enforcement officers, use vile language, spit on them.”
She added that elected officials should set an example rather than escalate tensions.
“They’re supposed to be leaders, they’re supposed to be examples that we can point to, and we wouldn’t raise our children to do the things that they do. We would be ashamed of our kids for acting the way that these grown adults act, that are supposed to be some of the best in the country, that lead us and protect our Constitution and our country’s freedoms.”
Noem said lawmakers are unhappy with the current immigration law should change it rather than undercut enforcement.
“And these politicians, if they don’t like the law, then go frickin’ change it. Go change the law. That’s your job, is to actually have debate, have discernment, to create a law that actually puts America first,” she said. “I’m just grateful the president is focused on that.”
DHS Secretary Kristi Noem calls out NYC Mayor-elect Zohran Mamdani, warning that his advice on evading law enforcement could violate the Constitution amid soaring attacks on ICE agents:
“The mayor, if he were mayor, could be violating the Constitution by giving advice on how to… pic.twitter.com/ne6R1kC0WC
— Sean Hannity (@seanhannity) December 9, 2025
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