New York Mayor Signs Law Limiting City Cooperation With Immigration
New York City Mayor Bill de Blasio signed new laws that limit the city's cooperation with overbroad federal immigration enforcement.
The two laws, 486A and 487A, signed on Friday, mandate that the city's Department of Corrections will no longer honor requests by Immigration and Customers Enforcement (ICE) to detain people for up to 48 hours beyond their scheduled release unless ICE produces warrant as to probable cause and the person has been convicted of a violent or serious felony within the last five years, or is a possible match on the terror watch list. The second of the two laws applies the same to the New York Police Department.
Under the Secure Communities program, Immigration and Customs Enforcement was using detainers for law enforcement to hold people without a warrant before they were placed in a detention or deportation proceedings. While the program wasn't mandatory, police departments participated in the program until questioned about its constitutionality by civil rights groups. During the height of the program, 2,000-3,000 New Yorkers per year were being held in City custody.
"Mass deportation has not only pulled apart thousands of New York City families, it has also undermined public safety in our communities and imposed disproportionate penalties on immigrant parents and spouses who these families depend on for emotional and financial support," Mayor de Blasio said.
"Our City is not served when New Yorkers with strong ties in the community are afraid to engage with law enforcement because they fear deportation. ... [We] send another message to Washington that the time to act has come to provide relief to so many individuals who contribute to our nation's growth."
New York was one of the first municipalities to enact legislation limiting ICE detainer requests in 2011 -- which helped reduce detaining by 60 percent -- but the new laws go much further. Some 200 other towns and municipalities passed similar legislation. Under the new laws, the city will limit what information it shares with ICE about immigration cases in the Department of Corrections and prohibits ICE from maintaining an office at Riker's Island and other city facilities for purpose of pursuing civil immigration enforcement.
"By signing the detainer bills, Mayor de Blasio is correcting a miscarriage of justice that has been committed against long term New York City resident immigrants for years," Northern Manhattan Coalition for Immigrant Rights Executive Director Angela Fernandez said in a statement.
"By passing laws that limit NYC's collaboration with ICE, the city is enforcing constitutional protections for those most abused by our highly arbitrary and dysfunctional deportation apparatus. The mayor, Speaker Mark-Viverito and Council Member Menchaca are to be commended for their pioneering leadership in ensuring that due process protections for immigrants are guaranteed and as a result, thousands of families in New York City will remain intact."
The new law become effective in 30 days.
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