The City Council has passed legislation that would stop the city Department of Correction from handing over undocumented immigrants to U.S. Immigrant and Customs Enforcement if they are youthful offenders, do not have significant criminal records, have been accused of low-level offenses or have been convicted of some types of misdemeanor offenses.
The two bills add weight to a previous law passed in 2011 that barred Correction from detaining immigrants for ICE who come into contact with law enforcement but have no prior criminal record.
None of the bills apply to immigrants who have been convicted of a felony or misdemeanor in the past 10 years, are a potential match for an entry in the terrorist database, have a history of immigration violations, have been charged with a felony not yet prosecuted or have been charged with sex abuse, assault, gun possession, driving while intoxicated or violation of an order of protection.
Not everyone at Rikers Island has been convicted of committing a crime. In fact, most of the people being detained there are awaiting trial or some other resolution of criminal charges. While some have been arrested for violent crimes, others are there on minor charges because they are unable to make bail.
Handing immigrants over to ICE before they have gone to trial violates the principle of innocent until proven guilty.
The new legislation is in line with the proposals that came earlier this year from a bipartisan group in the U.S. Senate. Their goal was to find a way to help get undocumented immigrants on the track to legal status and citizenship.
They realize ICE does not have the ability to detain and deport everyone who is in this country illegally.
The people of New York don’t want the DOC or any city agency to become an agent of ICE.
Seven Council members voted against the legislation, including Peter Vallone Jr., Dan Halloran and Eric Ulrich.
Vallone said the bills could allow street gropers and subway flashers to stay in the United States. He’s playing to the fears of his constituents while ignoring the situation faced by thousands of Queens immigrant families.
