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With New Bills, New York’s City Council Seeks to Bolster ‘Sanctuary City’ Status New York’s City Council Seeks to Bolster ‘Sanctuary City’ Status
(about 11 hours later)
More than a half-million undocumented immigrants live in New York City, and government officials have worked to protect many of them from deportation. Now the City Council is redoubling its efforts. ​ More than a half-million undocumented immigrants live in New York City, and government officials have already opposed the Trump administration’s efforts to deport them. Now the City Council is redoubling its efforts.
On Wednesday it will hold a hearing to debate nine bills aimed at expanding protections for the city’s undocumented immigrants, as well as Muslims and residents who are gay, bisexual or transgender. On Wednesday, three of its committees held a hearing on nine bills aimed at expanding protections for the city’s undocumented immigrants, as well as Muslims and residents who are gay, bisexual or transgender.
In 2014, the City Council made New York one of the first cities to enact local laws limiting cooperation with federal immigration enforcement officials in the detention of undocumented immigrants. The laws prohibited the Police and Correction Departments from holding inmates for release until the enforcement agency, known as ICE, could collect them. The two departments could hold detainees for ICE only after receiving a warrant from a judge, and only those who committed a violent and serious crime within the previous five years.
Those policies were behind the war of words between the Trump administration and New York City officials over its so-called sanctuary city status, when Attorney General Jeff Sessions asserted that New York was “soft on crime.” Mayor Bill de Blasio and Police Commissioner James P. O’Neill forcefully rejected that idea, and the attorney general backpedaled.
The administration was dealt another blow on Tuesday. In a Jan. 25 executive order, President Trump threatened to withhold federal funding from cities that refused to cooperate with immigration officials. But a federal judge blocked that portion of the order with a temporary injunction that holds nationwide.
With the matter proceeding in court, the City Council looked to bolster its laws.
“This is how we respond, with legislative fixes, through a public hearing process,” said Councilman Carlos Menchaca, Democrat of Brooklyn, the chairman of the Immigration Committee. “These bills represent the continued outcry of support that our residents are asking for.”“This is how we respond, with legislative fixes, through a public hearing process,” said Councilman Carlos Menchaca, Democrat of Brooklyn, the chairman of the Immigration Committee. “These bills represent the continued outcry of support that our residents are asking for.”
The new bills appear to have wide support. The same day, Mayor Bill de Blasio announced his own response: He designated $16.4 million for immigrant legal services to assist people in detention, children coming to the country unaccompanied and asylum seekers.
One of them extends the policy of not honoring ICE requests to the Probation Department. In 2014, the Council made New York one of the first cities to enact laws limiting cooperation with federal immigration enforcement officials in the detention of undocumented immigrants. The laws prohibited the Police and Correction Departments from holding inmates for release until the enforcement agency, known as ICE, could collect them. The two departments could hold detainees for ICE only after receiving a warrant from a judge, and only those who had committed a violent and serious crime within the previous five years.
Another would have people arrested for disorderly conduct serve only up to five days in jail, rather than the current 15 days. Five days is the maximum time before such an arrest record can disqualify undocumented immigrants from getting certain forms of relief that would let them stay in the country. Those policies were behind a recent war of words between the Trump administration and officials in New York City over its so-called sanctuary city status, with Attorney General Jeff Sessions asserting that New York was “soft on crime.” Mayor de Blasio and James P. O’Neill, the police commissioner, forcefully rejected that idea, and the attorney general backpedaled.
On Wednesday, Lawrence Byrne, the Police Department’s deputy commissioner for legal matters, said ICE had issued 182 detainer requests since the beginning of the year, compared with 72 requests in all of 2016. Despite the increase under the new administration, Mr. Byrne said the department had honored none of the requests.
“Commissioner O’Neill has been very clear that N.Y.P.D. does not do civil immigration enforcement,” Mr. Byrne said, but he added that the commissioner was equally clear in saying, “If you commit a crime, we’re going to find you.”
Still, Mr. Byrne had a curt exchange with Mr. Menchaca over the specific instances in which the police would share information with ICE, which left Mr. Menchaca seeking clarification.
On Tuesday, a federal judge in California sent a rebuke to President Trump by temporarily blocking his Jan. 25 executive order threatening to withhold some federal funds from cities that refused to cooperate with immigration officials.
With the matter proceeding in court, the City Council looked to bolster the local laws.
One bill extends the policy of not honoring ICE requests to the Probation Department.
Another would have people who were convicted of disorderly behavior serve no more than five days in jail, rather than the current 15 days. Five days is the maximum time before such an arrest record can disqualify undocumented immigrants from certain forms of relief that would let them stay in the country.
The proposed law follows on an announcement this week by Brooklyn’s acting district attorney, Eric Gonzalez, that his office would seek alternative prosecutions for immigrants that would not affect their immigration status. His is the first such office in the city to do so.The proposed law follows on an announcement this week by Brooklyn’s acting district attorney, Eric Gonzalez, that his office would seek alternative prosecutions for immigrants that would not affect their immigration status. His is the first such office in the city to do so.
Council members said they had learned from a protracted court fight in Staten Island over releasing personal information related to the municipal identification card program — in which the city prevailed in State Supreme Court, though the decision has been appealed. Another of the bills discussed on Wednesday would restrict city agencies like the Human Resources Administration from sharing personal information absent a subpoena. The measure would require that all personal information, including address, sexual orientation, race and religion, be kept confidential and be monitored by a separate city division.
Another of the bills being proposed on Wednesday restricts city agencies like the Human Resources Administration from sharing personal information absent a subpoena. The measure would require that all personal information, including address, sexual orientation, race and religion, be kept confidential. Council members said they had learned from a protracted court fight on Staten Island over the release of personal information related to the municipal identification card program; the city prevailed in State Supreme Court, although the decision has been appealed.
“The new reality is giving us a sense of urgency, making sure that we are covered to the extent we can,” Melissa Mark-Viverito, a Manhattan Democrat who is the council speaker, said in an interview before the hearing. “We’re not trying to frustrate the federal government, we’re just trying to define for ourselves based on our experience on the ground when we will assist.” Some immigrant advocates expressed concern about how the city would manage the data to maintain privacy. But none of the council members spoke against the bills, which Mr. Menchaca hopes will become law by June.
Also part of his January executive order, President Trump called for expansion of a program that authorizes local authorities to serve as immigration enforcement officers to arrest undocumented immigrants who threaten the community. Mayor de Blasio, a Democrat, definitively ruled this out in January. Another City Council bill specifically prohibits this, with an eye toward future city administrations. “The new reality is giving us a sense of urgency, making sure that we are covered to the extent we can,” Melissa Mark-Viverito, a Manhattan Democrat and the council speaker, said in an interview before the hearing. “We’re not trying to frustrate the federal government; we’re just trying to define for ourselves based on our experience on the ground when we will assist.”
On Tuesday, Mr. de Blasio signed a law to punish providers of legal services who defraud immigrants. Also in his January executive order, President Trump called for the expansion of a program that authorizes local authorities to serve as immigration enforcement officers to arrest undocumented immigrants who threaten the community. Mayor de Blasio, a Democrat, definitively ruled this out in January. Another bill before the Council specifically prohibits this, with an eye toward future city administrations.
California has declared itself a “sanctuary state,” but in Albany, bills protecting immigrant rights have been slow to progress. “I think it’s helping make the wall between the Trump administration and New York City a little thicker,” Steven Choi, the executive director of the New York Immigration Coalition, said of the proposals. “It gives more tools to New York City to push back and stop enforcements as much as possible.”
The Council hearing seemed a positive step to local immigrant activists.
“I think it’s helping make the wall between the Trump administration and New York City a little thicker,” said Steven Choi, the executive director of the New York Immigration Coalition. “It gives more tools to New York City to push back and stop enforcements as much as possible.”
In almost every case, the bills add to existing laws or policies from individual city agencies. The city’s Education Department issued guidance in March to principals and parents stating that ICE is not allowed in schools and that student information will not be released to immigration authorities.
A new bill ensures that the department will distribute to all students information about the rights they and their parents have in their interactions with federal immigration authorities.
Two other bills would add resources to the Mayor’s Office of Immigrant Affairs.
“At a time when the Department of Justice is trying to expand its scope of people who it will go after,” Mr. Choi said, “these are common-sense reforms.”