City Pushes Back On Deport Ruling
By Jason Banrey
U.S. Immigration and Customs Enforcement decided to go over the heads of state governors and roll out a controversial federal law enforcement program that gathers biometric data from people arrested - convicted or not - in efforts to step up deportation of illegal aliens.
Advocates and members of the City Council have vowed to fight the decision.
On Aug. 5, ICE sent a letter to governors throughout the U.S. announcing their approval was no longer needed to activate Secure Communities in their states and counties.
Under S-Comm, an ICE directed program, local law enforcement agencies are required to forward biometric data of individuals who are booked into local and county jails to the U.S. Dept. of Homeland Security. With the intent of deporting criminal aliens, the collaboration allows the DHS to compare the prints to others on its files as well as share the birth place of individuals in custody.
"Once a state or local law enforcement agency voluntarily submits fingerprint data to the federal government, no agreement with the state is legally necessary for one part of federal government to share it with another," said ICE Director John Morton.
Although former Gov. David Paterson approved the program in May 2010, Gov. Andrew Cuomo froze the state's participation in the controversial program in June.
Some immigration advocates claim the enforcement program has contributed to the deportation of over 1 million immigrants under President Barack Obama's Administration.
Jacqueline Esposito, director of immigration advocacy for the New York Immigration Coalition, says ICE's reversal of decision is a "blatant disregard" to growing opposition from state officials and local law enforcement.
State governors previously had to sign a memorandum of agreement (MOA) if they chose to voluntarily enroll in S-Comm.
Despite ICE's announcement, Councilman Daniel Dromm (D-Jackson Heights) is making an attempt to halt unjust deportations at the city's main jail complex, Rikers Island.
In an effort to restrict cooperation between law enforcement officials at Rikers, Dromm is introducing legislation which would prohibit DOC from sharing information with ICE that could help facilitate the detention and deportation of inmates.
The legislation would also halt officials from holding innocent individuals beyond a 48 hour period, and bar officials from notifying federal immigration authorities of an individual's release, provided they have never been convicted of a misdemeanor, felony or is not a defendant in a pending criminal case in any jurisdiction.
According to Dromm, ICE's presence at DOC facilities including Rikers, has created a dragnet, resulting in the deportation of thousands of New Yorkers each year who have no criminal record or prior convictions.
What they are doing at Rikers is running an alien program rather than a criminal alien program," said Dromm. "We cannot allow the cooperation between ICE and the DOC to continue tearing families apart and destabilizing immigrant communities that pose no threat to public safety."
The bill is cosponsored by Melissa Mark-Viverito (D-Manhattan) and has the support of City Speaker Christine Quinn, who reportedly said she could pass the bill and override a veto.
Dromm said he believes if the bill is passed it will provide Rikers Island with a "much more just program" and be the beginning of the end of unnecessary deportations.
Reach Reporter Jason Banrey at jbanrey@queenstribune.com or (718) 357-7400, Ext. 128.