This past Friday, November 14, New York City Mayor Bill de Blasio signed two bills, significantly reducing the city’s role in federal deportation and immigration enforcement policies. This new legislation, Introductions 486-A and 487-A, limits the city’s compliance with federal “detainer requests” for all residents, except where public safety is concerned.
Detainer requests, issued by US Immigration and Customs Enforcement (ICE), instruct local law enforcement to hold an apprehended person until federal officials collect and detain him or her, even if his or her case has been resolved.
Under this new legislation, New York City authorities are no longer required to hold an individual unless federal immigration officials obtain a judicial warrant and the individuals have been found guilty of a violent or serious crime with the last five years, or is a possible match on the terrorist watch list. Additionally, they eliminate ICE presence at Rikers Island and all municipal buildings and limit what information the City shares with ICE about immigrants in the NYC Department of Correction (DOC) custody. [1]
Their purpose is to balance public safety with the City’s commitment to being a welcoming and safe place for immigrant families and follows Mayor de Blasio’s “One New York Rising Together” platform. “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,”said the Mayor in his official statement.[2] This marks an attempt to foster community trust in law enforcement, allow local authorities to focus on public safety, and protect New Yorkers with long-term ties to the city.
The city wants to retain immigrants who are contributing to the city’s economic growth and reserve spending and holding costs for serious offenders or those who pose a threat to public safety. As New York City council member, Julissa Ferreras stated, “Hard-working immigrants who contribute to our city’s culture, economy, and overall growth do not deserve to be turned over to [Immigration and Customs Enforcement] because of a minor offense; there are more meaningful ways for us to spend taxpayer dollars than holding immigrants that pose no harm”. The city maintains that immigrants are vital to the workforce and the city’s growth. Even State Senator Kevin Parker added that, “New York City’s immigrant population has always been one of its greatest resources.” [3]
In years past, New York City has held and detained around 2,000 to 3,000 residents per year due to the official detainer requests. These new judicial warrant requirements will potentially reduce that number to zero and drastically cut holding spending. Supporters of the bills feel that the city has spent too much on “senseless immigration red tape” and are hopeful New York City serves as a leader of liberal immigration reform. [4]
The city has historically tried to limit its response to ICE detainer requests. In 2011, Council Member Mark Viverito helped enact legislation which reduced local law enforcement cooperation to 65% (down from 100%) and made New York City one of the first to do so. [5]
This legislation has inevitably spurned Congressional tension and debate. President Barack Obama has said he will act on federal immigration before the end of the year and Republicans have warned him not to take executive action, calling it an abuse of power. The debate rages on whether or not allowing millions of undocumented immigrants to essentially gain “amnesty” is worth the economic benefits reaped by the additional labor. It remains unclear how much these policies will help New York City’s economic sector and if they will undermine federal immigration authority. The debate will be important to monitor coming into the end of the year.
[1] Winsor, Morgan. "New Immigration Laws Shrink New York City's Participation In Deportations of Undocumented Residents." International Business Times. November 14, 2014. Accessed November 15, 2014. http://www.ibtimes.com/new-immigration-laws-shrink-new-york-citys-participation-deportations-undocumented-1724017
[2] "Mayor Bill De Blasio Signs into Law Bills to Reduce NYC's Cooperation with U.S. ICE Deportations." The Official Website of the City of New York. November 14, 2014. Accessed November 15, 2014. http://www1.nyc.gov/office-of-the-mayor/news/520-14/mayor-bill-de-blasio-signs-law-bills-dramatically-reduce-new-york-city-s-cooperation-with#/0.
[3] Winsor, Morgan. "New Immigration Laws Shrink New York City's Participation In Deportations of Undocumented Residents." International Business Times. November 14, 2014. Accessed November 15, 2014. http://www.ibtimes.com/new-immigration-laws-shrink-new-york-citys-participation-deportations-undocumented-1724017
[4] Winsor, Morgan. "New Immigration Laws Shrink New York City's Participation In Deportations of Undocumented Residents." International Business Times. November 14, 2014. Accessed November 15, 2014. http://www.ibtimes.com/new-immigration-laws-shrink-new-york-citys-participation-deportations-undocumented-1724017
[5] "Mayor Bill De Blasio Signs into Law Bills to Reduce NYC's Cooperation with U.S. ICE Deportations." The Official Website of the City of New York. November 14, 2014. Accessed November 15, 2014. http://www1.nyc.gov/office-of-the-mayor/news/520-14/mayor-bill-de-blasio-signs-law-bills-dramatically-reduce-new-york-city-s-cooperation-with#/0.