DHS Chief Mullin Threatens to Pull Customs From Sanctuary City Airports

Combined, these airports handle the majority of all international passenger arrivals into the United States. Removing CBP officers would prevent customs processing, making it impossible for airlines to operate inbound international flights into those facilities.

Legal Obstacles | Federal Judge Orrick's Injunction

If carried out, the proposal would face immediate legal challenges. U.S. District Judge William H. Orrick III of San Francisco previously issued an injunction barring the Trump administration from retaliating against sanctuary jurisdictions by withholding federal funding or services. That ruling, issued during the first Trump term and upheld through multiple appeals, could pose a direct obstacle to any attempt to weaponize customs operations.

Constitutional law scholars noted that customs processing is a federal responsibility under the Commerce Clause, not a discretionary grant that can be selectively withdrawn. "CBP operates at international airports because the Constitution assigns the federal government exclusive authority over immigration and customs," said Jessica Levinson, a constitutional law professor at Loyola Law School. "The idea that you can withdraw that service as punishment for local policies has no precedent."

The economic consequences would be severe. Airlines would be forced to reroute thousands of daily international flights to airports in non-sanctuary jurisdictions, a logistical impossibility given capacity constraints. Travel industry groups estimate that JFK alone processes approximately $250 billion in annual trade cargo. Disruption at even a handful of the targeted airports could cascade through global supply chains within days.

Mullin Background | 54-45 Senate Confirmation After Noem Dismissal

Mullin, the former Republican senator from Oklahoma, was confirmed by the Senate in a 54-45 vote on March 23 and sworn in the following day. He replaced Kristi Noem, who was dismissed by President Trump after DHS agents fatally shot two American citizens during immigration enforcement actions in Minneapolis. Neither DHS nor CBP responded to requests for comment on Monday.

The sanctuary city threat arrives as Mullin works to establish his authority at a department that has seen significant turbulence during the second Trump term. DHS has faced criticism from both immigration hard-liners who want faster deportations and civil liberties groups who say enforcement operations, particularly at airports where ICE agents have been deployed, have become increasingly aggressive.

Broader Context | Sanctuary Policy as Leverage Point

The Trump administration has made sanctuary cities a recurring target since its first term. Executive orders signed in January 2025 directed federal agencies to identify jurisdictions that limited cooperation with ICE and to explore mechanisms for withholding federal resources. Mullin's comments extend that framework from funding threats to an operational threat, the potential removal of federal personnel whose work enables a core function of international aviation.

Sanctuary policies vary widely across the 18 designated cities. Most limit local law enforcement from honoring ICE detainer requests or sharing information about residents' immigration status, but none restrict federal officers from conducting their own operations within city limits. The disconnect between local non-cooperation and the federal customs function has made the legal theory behind Mullin's proposal difficult to sustain in court.

Airlines and airport authorities have not yet responded publicly, though industry sources say major carriers are monitoring the situation closely. Any formal announcement of a customs pullback would likely trigger emergency injunctions from multiple federal courts simultaneously.

What Happens Next | Airlines, Courts, and Congress

For now, Mullin's remarks remain a threat rather than a formal policy proposal. No executive order or DHS directive has been issued. But the interview signals a willingness to use customs operations, one of the few federal functions that sanctuary cities cannot replicate independently, as leverage in the ongoing immigration enforcement standoff.

Congressional Democrats have already signaled opposition. Senator Patty Murray of Washington state called the proposal "reckless and unconstitutional," while Representative Jerrold Nadler of New York said he would introduce legislation to prohibit DHS from withdrawing customs services from any airport that meets federal security and capacity standards.

The 2026 World Cup, set to begin in June with matches in several sanctuary cities, adds another layer of urgency. International visitors arriving for tournament games would be unable to clear customs at affected airports, creating a diplomatic and logistical crisis just weeks before kickoff. FIFA has not commented on the potential disruption to host city operations.