Archive for February, 2016

Malliotakis Co-Sponsors Bill to Strip Funding for ‘Sanctuary’ Cities

This in from Assemblywoman Malliotakis


CONTACT: Paul Marrone
718-987-0197 (office)
917-612-8656 (mobile)

February 22, 2016

Malliotakis Co-Sponsors Bill to Strip Funding for ‘Sanctuary’ Cities

Assemblywoman Nicole Malliotakis (R,C,I-Brooklyn, Staten Island) has recently signed on to A8552A, legislation authored by Assemblyman Dean Murray (R,C-Suffolk County) that would prohibit local governments from interfering with federal homeland security laws. The bill, known as the New Yorkers Combating Alien Recidivism and Ending Sanctuary (NY CARES) Act, seeks to prevent the existence of “sanctuary cities”, municipalities that take steps to prohibit cooperation between their law enforcement agencies and federal immigration officials.

In 2014 the New York City Council enacted two resolutions, Local Law No. 58 and Local Law No. 59, which would significantly impede cooperation between the New York City Department of Correction (DOC), NYPD, and U.S. Immigration and Customs Enforcement (ICE), by prohibiting DOC and NYPD from honoring immigration detainers unless accompanied by a federal warrant and the person:

(1)   Has either been convicted of a violent or serious crime, or
(2)   Is identified as a possible match on in the terrorist screening database. (N.Y.C. Admin. Code §§ 9-131, 14-154).

The NY CARES Act would prohibit state funding to any county, city, town or village determined to be in willful violation.  The local municipality would be tasked with communicating proof of compliance to the State Comptroller before any state funds are disbursed.

According to the NYPD’s Summary of Statistics on ICE Detainers from October 1, 2014 to September 30, 2015, the Department received 504 civil immigration detainers.  Only 30 detainers were honored and 474 were denied.  Not one individual was transferred from the NYPD to ICE.

In a memo titled Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems, dated December 21, 2012, then-Director of ICE John Morton advised that ICE agents should issue a detainer only under the following conditions:

(1)   The individual has a prior felony conviction or has been charged with a felony;

(2)   The individual has three or more prior misdemeanor convictions;

(3)   The individual has a misdemeanor conviction or has been charged with a misdemeanor involving:

a.      violence, threats, or assault,
b.      sexual abuse or exploitation,
c.       driving under the influence of a controlled substance,
d.      unlawful flight from the scene of an accident,
e.      unlawful possession or use of a deadly weapon,
f.        the distribution or trafficking of a controlled substance, or
g.      other significant threat to public safety, or

(4)   The individual has been convicted of illegal entry into the country;

(5)   The individual has illegally re-entered the country after a previous removal;

(6)   The individual has an outstanding order of removal;

(7)   The individual has been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud; or

(8)   The individual otherwise poses a significant risk to national security, border security, or public safety.

“ICE limits the issuance of civil detainers to situations where the individual is considered dangerous or has already been convicted of breaking the law.  So, the fact that the City of New York honored less than 6% of civil detainers truly alarms me,” said Assemblywoman Malliotakis.  “First the city kicks federal immigration authorities out of Riker’s Island, and now refuses to comply with federal detainer requests.  We cannot continue to turn a blind eye as New York City breaks federal law. The State of New York should punish this unlawful behavior and force the city to comply with the law for the protection of its citizens.”

Assemblywoman Malliotakis is also expressing frustration with legislation introduced in the New York City Council that would provide voting rights to non-citizens and those unlawfully living in the United States.

“The lack of urgency from Washington to reform and enforce immigration laws and reign in sanctuary cities is leading to very flawed, misguided, and potentially dangerous policies at the local level,” Assemblywoman Malliotakis added.  “Extending the privilege of voting to non-citizens and those in our country illegally devalues United States citizenship and further erodes the incentive to enter the country through safe and proper channels.”


Thank you,

Nicole Malliotakis