Assemblywoman Nicole Malliotakis (R,C,I-Brooklyn, Staten Island) is calling on the City of New York to comply with President Donald Trump’s recently announced Executive Order: Enhancing Public Safety in the Interior of the United States.
According to the NYPD’s Summary of Statistics on U.S. Immigration and Customs Enforcement (ICE) Detainers from October 1, 2015 to September 30, 2016, the Department received 80 civil immigration detainers for undocumented individuals considered a threat to public safety. Only 2 detainers were honored and 78 were denied. From October 1, 2014 to September 30, 2015, the Department received 504 civil immigration detainers. Only 30 detainers were honored and 474 were denied.
Section 9 (a) of President Trump’s executive order states: “In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.”
Subsection (b) continues: “To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens.”
In 2014 the New York City Council enacted two resolutions, Local Law No. 58 and Local Law No. 59, to significantly impede cooperation between the New York City Department of Correction (DOC), NYPD, and U.S. Immigration and Customs Enforcement (ICE), by prohibiting DOC and NYPD from honoring immigration detainers unless accompanied by a federal warrant and the person:
(1) Has either been convicted of a violent or serious crime, or
(2) Is identified as a possible match on in the terrorist screening database. (N.Y.C. Admin. Code §§ 9-131, 14-154).
Crimes not considered “violent or serious” include Grand Larceny in the First Degree, Aggravated Identity Theft, Criminal Diversion of Prescription Medications and Prescriptions in the First Degree, Sexual Abuse in the Second Degree, and Aggravated Patronizing a Minor for Prostitution in the First Degree, among others.
During the Administration of President Barack Obama, ICE agents were advised to issue a detainer only where the individual was suspected of posing a danger to national security, affiliated with an organized criminal gang, convicted of a felony unrelated to immigration status, convicted of an aggravated felony, convicted of three or more misdemeanors unrelated to immigration status or minor traffic offenses, or convicted of a misdemeanor related to a sex offense, burglary, firearms, drugs, driving under the influence, or any offense requiring 90 days or more in police custody.
“Under the Obama Administration, the Department of Homeland Security already limited the issuance of civil detainers to situations where the individual is considered dangerous or has already been convicted of breaking the law. Despite these restrictive criteria, from October 2014 to October 2015 the City of New York honored only 6% of civil detainer requests from federal authorities. Over the subsequent year, that rate has fallen to just 2.5%,” said Assemblywoman Malliotakis. “It’s truly frightening that our City refuses to treat criminals in accordance with federal law, and would jeopardize federal funding by harboring individuals who have committed crimes from deportation. It is time to restore New York City to a law-and-order city.”