
New York City may stop detaining immigrants at the request of federal authorities — unless they have warrants from a federal judge.
Under a proposed bill in the City Council, federal authorities will need to provide a warrant to request a detention. Even if a warrant is issued, New York City will only hold detainees charged with violent or “extreme” offenses.
Immigration and Customs Enforcement, or ICE, currently has the ability to issue detainers on people who are foreign-born when they are arrested, which usually results in deportation proceedings. The new bill would prevent such 48-hour holds on detainees.
“We’re seeing people with extremely low-level offenses, people that have set roots here, that live here, that have family members, that are the main providers of their families, that are being deported,” said City Council Speaker Melissa Mark Viverto, who introduced the bill. “And that obviously has economic and social implications for New York City.”
The NYPD and the Department of Correction transferred more than 3,000 New Yorkers to Immigration and Customs Enforcement, or ICE, between 2012 and 2013. The proposed legislation will also boot ICE's office from Rikers Island. A spokesman for ICE says they'll continue working with law enforcement partners to ensure that dangerous criminals are not released from prisons.
With this bill, New York City is joining dozens of localities that have stopped honoring detainers after several federal court rulings challenged their constitutionality.
“We’re pushing forward the conversation continuously about the lack of responsibility that Congress is not taking on to deal with the issue of immigration reform,” said Viverto. “We’re being left as municipalities to fend for ourselves.”