Kristi Noem claims Zohran Mamdani’s migrant rights video could violate the Constitution

NYC Mayor‑elect Zohran Mamdani urged immigrants to assert their rights against ICE but stressed not to interfere with investigations
PUBLISHED DEC 9, 2025
DHS Secretary Kristi Noem claimed that NYC Mayor‑elect Zohran Mamdani might have violated the Constitution by advising migrants on their rights, sparking scrutiny from federal agencies (Getty Images)
DHS Secretary Kristi Noem claimed that NYC Mayor‑elect Zohran Mamdani might have violated the Constitution by advising migrants on their rights, sparking scrutiny from federal agencies (Getty Images)


WASHINGTON, DC: Homeland Security Secretary Kristi Noem suggested on Monday, December 8, that New York City Mayor-elect Zohran Mamdani may have "violated the Constitution" by informing migrants of their legal rights when interacting with immigration officers.

During an appearance on Fox News's 'Hannity', Noem indicated that the federal government was actively scrutinizing the Democrats' actions.

"We’re certainly going after and looking into all of that with coordination of the Department of Justice," Noem stated.

Homeland Security Secretary Kristi Noem testifies before the House Appropriations Committee in the Rayburn House Office Building on Capitol Hill on May 06, 2025 in Washington, DC. Tasked with the Trump Administration's effort to deport millions of undocumented migrants from the United States, Noem testified before the Homeland Security Subcommittee about her department's FY 2026 budget request. (Photo by Chip Somodevilla/Getty Images)
DHS Secretary Kristi Noem claimed Mayor-elect Mamdani could be 'violating the Constitution' by advising migrants on their rights (Chip Somodevilla/Getty Images)

Zohran Mamdani releases 'Know Your Rights' video

Noem accused Mamdani of potentially crossing a legal line. "Could be violating the Constitution by giving advice on how to evade law enforcement and how to get away with breaking the law," she added.

Noem's comments were in response to a "Know Your Rights" video posted by Mamdani on the social platform X earlier on Monday.

In the video, the Mayor-elect pledged to "protect the rights" of the estimated three million migrants in New York City.



Mamdani reminded viewers that they could refuse entry to US Immigration and Customs Enforcement (ICE) agents if the officers lacked a judicial warrant.

"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 advised in the clip.

He also informed individuals of their right to remain silent, to ask if they are free to go, and to film ICE activities, provided they do not physically interfere with an arrest.

He did, however, explicitly state that people "may not impede an investigation."

NEW YORK, NEW YORK - JUNE 24: (L-R) Mira Nair, New York mayoral candidate, State Rep. Zohran Mamdani (D-NY) Rama Duwaji and Mahmood Mamdani celebrate on stage during an election night gathering at The Greats of Craft LIC on June 24, 2025 in the Long Island City neighborhood of the Queens borough in New York City. Mamdani was announced as the winner of the Democratic nomination for mayor in a crowded field in the City’s mayoral primary to choose a successor to Mayor Eric Adams, who is running for re-election on an independent ticket. (Photo by Michael M. Santiago/Getty Images)
Zohran Mamdani (D-NY), Rama Duwaji and Mahmood Mamdani celebrate on stage during an election night gathering at The Greats of Craft LIC on June 24, 2025, in the Long Island City neighborhood of the Queens borough in New York City (Michael M Santiago/Getty Images)

Kristi Noem’s remarks echo Trump’s clash with six Democrats

While Noem did not specify which constitutional provision Mamdani allegedly violated, her remarks echoed a recent controversy involving congressional Democrats.

The Trump administration recently lashed out after six Democratic lawmakers posted a video noting that military servicemembers have the right to refuse an illegal order.

President Trump responded on social media by claiming the video amounted to "seditious behavior from traitors" and stating the remarks were "punishable by DEATH!"

(Alex Wong/Getty Images)
President Trump previously called a similar advisory video from Democrats 'seditious behavior' (Alex Wong/Getty Images)

The White House later clarified that the President did not actually want to see them executed, but the FBI has since launched a probe into the six lawmakers.

Senator Elissa Slotkin (D-Mich), one of the members targeted by the probe, argued that stating a fact is not unlawful.

"The president directing the FBI to target us is exactly why we made this video in the first place," Slotkin said.

Sen. Elissa Slotkin (D-MI) and Director of the Michigan Department of Agriculture and Rural Development Tim Boring host a listening session with Michigan farmers and agriculture industry leaders on tariffs, immigration, H5N1, and rural economic development on March 20, 2025 in Sparta, Michigan. The session comes two days after Michigan farmers held a
Senator Elissa Slotkin accused the president of using 'legal harassment' as an intimidation tactic (Chris duMond/Getty Images)

"He believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet," she claimed. "He uses legal harassment as an intimidation tactic, to scare people out of speaking up."

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