New York Council Moves Forward on Plan to Block Immigration Enforcement The New York City Council Committee on Immigration passed legislation on Monday that would impede federal enforcement of immigration law by prohibiting law enforcement from honoring federal detainer requests for any alien in city jails. A detainer request is a notification to state or local law enforcement agencies that a federal agency, such as U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), seeks custody of a particular alien for the purpose of removal from the United States. Specifically, New York Introduction (Intro.) 486 and Intro. 487 prohibit all city law enforcement officials in the New York Police Department (NYPD) and Department of Corrections from honoring federal detainer requests for any alien otherwise eligible for release from custody unless the alien has been convicted of a serious or violent felony within the last five years and ICE presents a judicial warrant. (Intro. 486; Intro. 487) However, ICE is authorized by law to arrest and detain aliens it believes to be removable without a judicial warrant, and the detainer form sent by federal immigration officials includes language within it that constitutes sufficient probable cause to justify a detention. The requirement of a judicial warrant treats the alien as if he or she is criminal defendant even though removal is a civil proceeding. Aliens in removal proceedings are not entitled to the full range of due process protections afforded to criminal defendants because removal is not punishment under law. Intro. 487 allows the NYPD to comply with a detainer request absent a judicial warrant only if the alien has been previously deported. (Intro. 487) Additionally, Intro. 486 prohibits the Department of Corrections from expending time or resources to communicate information to ICE regarding an aliens incarceration status or release date and prohibits federal immigration authorities from maintaining an office on their property. (Intro. 486) Through Intros. 486 and 487, the New York City Council is poised to prioritize the interests of criminal aliens over general public safety. As illegal alien advocates recognize, the requirement of a judicial warrant will in practice . . . end all deportation holds because ICE does not obtain judicial warrants to accompany detainers, as removal proceedings are civil immigration matters. (Philly, Apr. 27, 2014) Mark-Viverito, City Council Speaker and a sponsor of the legislation, admitted the legislation is designed to specifically obstruct federal enforcement of immigration law. (Huffington Post, Oct. 15, 2014) New York City has no business expending scarce resources assisting with the enforcement of broken immigration laws, Mark-Viverito said. If Congress wont act, we must. A spokesman for ICE defended the agencys use of detainers, and saying that they are necessary to ensure that dangerous criminals are not released from prisons or jails and into our communities. (Wall Street Journal, Oct. 2, 2014) Under guidelines set by the Obama Administration, federal immigration officials may only issue detainers for aliens that the federal government has already determined to be a threat to national security, public safety, or border security. (Morton Memo, Mar. 2, 2011; ICE Detainer Form) Mark-Viveritos legislation sets the judgment of federal authorities aside and further narrows these constraints. The full New York City Council must vote on Intro. 486 and Intro. 487 before the legislation can be sent to Mayor Bill de Blasio for approval. Mayor de Blasio supports Intro. 486 and Intro. 487 and has already promised his signature. (Wall Street Journal, Oct. 2, 2014)
Posted on: Tue, 21 Oct 2014 13:52:54 +0000
Trending Topics
Recently Viewed Topics
© 2015