Critics Say It Undermines Security
Charging that it puts the city at risk of crime and even terrorist attacks, a local civic organization and elected official blasted two bills signed into law by Mayor Michael Bloomberg on Monday, Mar. 18, which will restrict cooperation between police and the federal government regarding the deportation of illegal immigrants arrested for misdemeanors.
The mayor penned his signature to Intro. No. 982, which mandates that the NYPD refuse to honor requests from U.S. Immigration and Customs Enforcement (ICE) and detain for deportation proceedings illegal immigrants charged with most misdemeanors beyond their scheduled release date.
Under the provisions of the law, the NYPD would continue to honor detainer requests from ICE for individuals who have been convicted of a crime or are the subject of a pending criminal case for most felonies and misdemeanors. Individuals who are facing court action for prostitution, loitering for the purpose of engaging in prostitution or aggravated unlicensed operation of a motor vehicle would, however, be detained.
Additionally, the legislation requires that the NYPD hold for detention and possible deportation by ICE incarcerated immigrants who have outstanding criminal warrants, known gang members or possible matches to terrorist databases, have an outstanding warrant of removal or currently is, or has in the past, been subject to a final order of removal.
It was noted that the NYPD will not honor detainer requests for individuals who were convicted of a crime as a youthful offender or a juvenile delinquent, or who were not convicted of a felony or misdemeanor within 10 years of the arrest.
The NYPD would also be required to complete an annual report, beginning on Sept. 30, which publicizes its compliance with ICE and provides statistics over the number of illegal immigrants referred for deportation and those for whom detainer requests were not honored.
Also signed into law was Intro. No. 989, which amends Local Law 62 to improve consistency of the cooperation between city agencies and ICE concerning illegal immigrants charged with crimes and recommended for deportation. The law also requires additional reporting by the Corrections Department over its relations with ICE on deportation proceedings.
During the public hearing before signing the bills, Mayor Bloomberg stated that the legislation is part “of the administration’s continual effort to balance protecting public safety and national security with ensuring that New York is the most immigrantfriendly city in the world.” He noted that “close to 40 percent” of New Yorkers were born outside of the U.S.
“These bills, like the existing law, recognize the importance of our longstanding relationships with other jurisdictions- including federal law enforcement-in maintaining a safe city,” Bloomberg said. “And these bills rightfully continue to focus enforcement on those who have a recent or serious criminal history, have a history of immigration violations or are identified as suspected terrorists or known gang members while making sure that those who present little risk to public safety or national security- such as those with no criminal history or only a single pending nonviolent misdemeanor-are able to be released from custody and able to continue contributing to our city.”
“These bills strike the right balance, and I’m glad we reached this agreement with the City Council on this important matter,” he concluded.
City Council Member Peter Vallone Jr. was one of only a handful of city lawmakers who voted against both bills. He told the Times Newsweekly in a phone interview on Tuesday, Mar. 19, that while he supports “comprehensive reform,” he could not “support a bill that will make our women less safe.”
“Right now, many of the sex attacks on women are committed by people in this country illegally,” Vallone claimed, citing sources in law enforcement whom he has contacted regarding the subject. “In many instances, the best punishment we have is deportation. Under this bill, any one of those suspects would be released from court and allowed to go back onto the streets and commit more crimes.”
“You can have six shoplifting convictions and be arrested for a seventh and still not be deported, which is ridiculous,” the Astoria-based Council member added. “Even though shoplifting is technically not a violent crime, every time there is such a crime, it takes a police officer off the street to transport the suspect and do the paperwork.”
“Even non-violent criminals severely impact the ability of the Police Department to fight crime,” Vallone noted. He believes the laws, however, would not survive a challenge by the federal government, should such an action be taken.
Robert Holden, president of the Juniper Park Civic Association (JPCA), additionally criticized the adoption of the bills in a phone interview with the Times Newsweekly on Tuesday.
“My feeling is any illegal alien, if they’re stopped for any kind of crime, we should check their background,” he said. “If they’re suspected of doing something, we should share the information” with federal law enforcement agencies “even if they have to hold him/her a few days just to check.”
Both the JPCA and Vallone similarly slammed a law passed by the City Council and signed by Mayor Bloomberg in November 2011 which blocks the Corrections Department from releasing to federal authorities the names of incarcerated illegal immigrants who do not have a prior criminal record, are not on the subject of a pending criminal case or are not on a national terrorist watch list.
As with that piece of legislation, Holden charged, the two bills signed into law on Monday serve to undermine the security of New York City, which he found “mind-boggling” in the post-9/11 world. He noted the lack of information sharing between federal, state and local authorities led to intelligence gaps that allowed the perpetrators of the Sept. 11, 2001 terrorist attacks to enter the U.S. and carry out their deadly suicide mission.
“This is why we had 9/11 in the first place,” Holden said. “By signing this bill, [Bloomberg] is certainly making us less safe. He has a very short memory.”
