Council approves bill to prevent deportation of Caribbean immigrants

Monday, March 04, 2013
jamaicaobserver.com/

NEW YORK, USA (CMC) — The Council of the City of New York has passed a bill that will prohibit the New York Police Department (NYPD) from turning over Caribbean and other immigrants charged with low-level crimes to US federal authorities.

"When your fingerprints are taken at arrest, you're charged. You're not guilty," said Council Speaker Christine Quinn, following the passage of the bill by a vote of 40-7.

"Immigrants without criminal records and those who do not through any legitimate evidence appear to pose a threat to public safety are being needlessly deported, unnecessarily damaging families and communities, unnecessarily tearing communities apart," she added.

Quinn said the bill is aimed at opposing the US Government's controversial Secure Communities programme, which requires local police officers to send the fingerprints of everyone in custody to officials at US Immigration and Customs Enforcement (ICE).

New York Governor Andrew Cuomo had tried and failed to withdraw the state from the programme, which is now fully active across the United States.

Officials at the US Department of Homeland Security said Secure Communities lets them quickly flag and deport Caribbean and other immigrants who commit crimes. But critics said law-abiding immigrants have been swept up after traffic violations or other low-level offences.

Police co-operation with immigration authorities can make entire communities, even victims, afraid to call the police, advocates say.

The new bill bars the police from turning over immigrants with clean records who aren't charged with a serious crime. It also spares youthful offenders and those who have been charged with low-level offences and certain misdemeanours.

ICE spokesman Ross Feinstein said cities that ignore immigration holds, or "detainers" do so at their own risk to public safety.

"Historically, some criminal aliens with ICE detainers, who have been mistakenly released to the streets rather than being turned over to ICE custody and placed in deportation proceedings, have subsequently committed more serious crimes," he said.

But New York City Mayor Michael Bloomberg, who plans to sign the bill, said he believes it is "consistent with federal law".

In December, Feinstein said ICE revised its policy, limiting immigration holds to immigrants who are a priority to deport "convicted criminal aliens, immigration fugitives, recent border crossers, and repeat immigration law violators".

Under the Council's new measure, the NYPD would honour detainers for those who were convicted of a felony or certain misdemeanors within the past 10 years or have an outstanding criminal warrant.

Police officers would also hold for ICE anyone identified as a known gang member or a possible match to a terrorist database, or anyone with an outstanding warrant for removal or final deportation order.

According to the bill, immigrants with pending felony charges and certain pending misdemeanor charges "including sex abuse, gun possession or driving while intoxicated" would also be turned over.

The bill mirrors a 2011 law limiting the New York City Corrections Department's cooperation with ICE on Rikers Island jail in Queens, New York.

Quinn said the city has released at least 267 people who would otherwise have been turned over to ICE since that bill went into effect.

Council approves bill to prevent deportation of Caribbean immigrants - News - JamaicaObserver.com