FOR IMMEDIATE RELEASE
April 14, 2022
CONTACT:
Kaye Dyja
212-818-0580
kdyja@council.nyc.gov
New York City Council Member Majority Leader Keith Powers, Council Members Shahana Hanif and Carlina Rivera Introduce Package of New Legislation Strengthening Sanctuary City Detainer Laws
The new legislation will protect immigrant New Yorkers from unjust detainment and illegal immigration holds without a warrant
New York, NY – Today, New York City Council Member Majority Leader Keith Powers and Council Members Shahana Hanif and Carlina Rivera introduce three pieces of legislation to protect immigrant New Yorkers from unlawful detainer within the criminal justice system. Bolstering protections implemented by the city to limit the interaction between federal enforcement authorities and immigrant New Yorkers, these bills will guarantee individuals receive due process and are not unjustly detained.
“Every New Yorker deserves the due process of the law, and it’s our city’s duty to defend that unequivocally,” said Council Member Keith Powers. “These three bills will do that by upholding the rights of immigrant New Yorkers and helping ensure that New York City remains a true sanctuary city for years to come.”
“Our call has been the same for years – ICE needs to be abolished. But until the federal government acts to dismantle the rogue agency, this Council will act to ensure no City resources are used in their campaign of terror,” said Council Member Shahana Hanif. “Alongside Council Members Powers and Rivera, I’m proud to introduce this legislative package to get New York City one step closer to ending all forms of cooperation with ICE. Working with ICE doesn’t lead to a safer New York City, it only separates families and puts immigrants directly in harm’s way. When these bills become law, we can ensure New York City is a true sanctuary City in every sense of the word.”
“As Chair of the Committee on Criminal Justice, I am proud to join my colleagues Majority Leader Keith Powers and Council Member Shahana Hanif, Chair of the Committee on Immigration, in introducing this critical package of legislation to protect immigrant New Yorkers,” said Council Member Carlina Rivera. “ICE operates in our City as though it is above the law, and it is past time we put a stop to these injustices against immigrants and their families. By reforming the ways in which ICE interacts with the Department of Correction, prohibiting the NYPD from holding individuals for civil immigration issues, and creating a private right of action for immigrants who have been illegally detained, this package brings us one step closer to justice.”
Whether it’s expanding the Mayor’s Office of Immigrant Affairs, enacting sweeping privacy protections, or prohibiting the U.S. Immigration and Customs Enforcement (ICE) on non-public City property, over the past decade New York City has championed immigrant protections. These three bills will strengthen these protections and bolster sanctuary city laws by ensuring no unlawful detainers happen within the New York City justice system.
The first bill limits the circumstances in which a person may be detained by the New York Police Department (NYPD) on a civil immigration detainer. NYPD will not be able to detain an individual beyond the time when a person would be otherwise released from custody without a judicial warrant.
The second bill limits communication between the Department of Corrections (DOC) and federal immigration authorities, such as the U.S. Immigration and Customs Enforcement (ICE). This means that DOC will not be able to communicate with federal immigration authorities regarding any person in the department’s custody, unless the correspondence is in relation to a person for which a civil immigration detainer was being honored, or the communication was unrelated to the enforcement of civil immigration laws.
The third bill creates a private right of action in the city’s civil immigration detainer laws. This gives agency to people held in custody by allowing individuals held by NYPD, DOC, and the Department of Probation (DOP) to bring an action alleging a violation of the detainer laws in any court of competent jurisdiction.
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