City backs NYPD on handling immigrants despite accusations of coordinating with federal agents

April 3, 2017
BY
EDGAR SANDOVAL

The city on Monday defended how the NYPD handles immigrants facing criminal charges, with officials stating they have no control over whether federal immigration agents show up at court appearances.

Their statements come a day after the Daily News reported the NYPD alerts ICE agents to criminal court appearances of immigrants facing deportation. Immigration advocates worry that defendants, witnesses and victims alike may fear coming to court because they fear deportation.

Larry Byrne, the NYPD's Deputy Commissioner for Legal Matters, and Mayor Bill de Blasio said city cops don't tend to coordinate with Immigrations and Customs Enforcement agents.

“Let's be clear about what tips off ICE,” Byrne said. “Regardless of your immigration status, once we fingerprint you, your fingerprints go into a database in Albany. If ICE has tagged that person for notification for any reason, ICE is gonna know as a result of the arrest, not as a result of any contact from the NYPD.”


Larry Byrne, the NYPD's Deputy Commissioner for Legal Matters, said city cops don't tend to coordinate with Immigrations and Customs Enforcement agents. (JEFF BACHNER/FOR NEW YORK DAILY NEWS)

As a "sanctuary city," the city currently only complies "detainer" orders to hold a defendant until federal agents can take custody in cases involving violent or serious felonies.

The NYPD has honored none of the 107 detainer requests it received in 2017, Byrne said.

In the case of two men taken into ICE custody at their court appearances last month, one had a serious felony conviction, had been deported and had re-entered the country illegally, Byrne said.


New York City Mayor Bill De Blasio said ICE is free to act independently. (JAMES KEIVOM/NEW YORK DAILY NEWS)

"ICE chose instead to use their federal arrest powers to arrest him at the courthouse. We don't control what ICE does," Byrne said, adding the man had an outstanding ICE arrest warrant.

The second man, he said, also had a prior felony conviction and a deportation warrant.

De Blasio said ICE is free to act independently.

"We are not in a position to stop that."

http://www.nydailynews.com/new-york/...icle-1.3018223