New York City poised to curb immigrant detention

By Richard Kistnen, Esq. –

The City Council of New York City recently passed two pieces of legislation that may help illegal immigrants from being held in detention by the Immigration and Customs Enforcement (“ICE”).  The two bills, Bill Number 982-A-2012 and Bill Number 989-A-2012 were presented to the City Council for a vote, and both were passed.  The bills are next expected to be presented to Mayor Michael Bloomberg for signing into law.
The legislation is intended to reduce the number of immigrants that are detained by ICE, especially for more minor offenses.  The laws are in response to a federal program, called Secure Communities, wherein federal and local law enforcement coordinate to hold suspects in custody.  Under the program, when a person is arrested at the local level, fingerprints of a suspect are then sent to the Department of Homeland Security, where they are cross-referenced with its database.  If the fingerprints generate a match with someone who is present with unlawful status, a “detainer” is issued asking the local police to hold the suspect in custody until they can be transferred to federal custody.
What the new laws would do here in New York City is cabin the instances in which city police will comply with a detainer that is issued.  That is, after these laws take effect, police will no longer hold suspects of minor offenses in custody for transfer to federal authorities.  Detainer orders will still be enforced, however, against suspects that commit more serious crimes, or who have extensive criminal histories, but not against ‘pedestrian’ offenses.
Proponents of the laws applaud the measures for several reasons.  First, they believe that too many immigrant families have been torn apart by these detentions.  A person would be arrested for a petty offense, and then detained by ICE because of unlawful status.  The new laws would keep more families intact by limiting the instances in which detainers would be honored.  Another reason for support of the laws is the reduction of costs associated with detaining immigrants.  Local police have to spend time and money holding suspects in jail, and then the federal system expends money keeping these individuals in detention.  By no longer honoring detainers of petty offenders, both local and federal authorities can use resources on detaining more serious offenders.
One criticism of the law could be that it dilutes the penal system.  That is, if the threat of detention is no longer present, it may lure non-serious offenders to attempt more serious crimes, since the threat of referral to federal authorities is no longer pressing.  Another criticism could be that, with respect to immigration control through enforcement, if an illegal immigrant is found and could be processed through the immigration system, it ought to function that way.  If an immigrant is detained and prosecuted, he or she may contest deportation through legal means.
Ultimately, the legislation demonstrates two lessons.  The first is that overhaul of our immigration system is primed and imminent.  The second is that budgetary constraints, as scary as they may sound on the news, may actually lead to governments working.  Please contact the Law Office of Richard Kistnen (718) 738-2324, if you would like to speak with a lawyer.