The police and other local law enforcement agencies in new York city should not deal with arrests of illegal immigrants on behalf of Federal authorities. The appeals court in Brooklyn handed down a decision in the environment: defenders of immigrants ‘ rights and consider that a great victory and a strong deterrent to the «cars of the deportation of the trump.»
Shutterstock/ Christopher Penler
The decision of the second appellate division of state Supreme court, was based on the fact SUSY Francis, an immigrant from India. Francis entered the United States on a visitor’s visa in 1996, but left, became a father and lived on long island for more than two decades until he was arrested on long island in June 2017 for driving under the influence.
Francis pleaded guilty but when the judge ordered his release, he took custody of the Sheriff of the County of Suffolk, received the order to arrest from the Agency for immigration and customs control ICE. «Osvobojdenie» transferred to Federal custody in new Jersey pending deportation.
«Although state and local law enforcement officers really allowed to cooperate with Federal authorities no authority for cooperation in terms of renewal no record,» concluded the court.
Thus, the appellate decision notes that state law prohibits local authorities to make civil immigration arrests on behalf of Federal agencies. According to AAPI DATA, in new York city, home to nearly 167 thousand only undocumented immigrants from South Asia.
The situation has stirred new Yorkers. «It’s not something you can undo or rewrite,» said Daily News Omar Jadwat, Director of the project «Rights of immigrants» Union of American citizens for civil liberties the ACLU, «So in fact the law says the state».
The newspaper also quotes the words of Donna Lieberman, Executive Director of the new York civil liberties Union NYCLU, who worked on the case of Francis. According to Lieberman, the court’s decision guarantees that the police will focus on the performance of their duties is to act as executors of a tough immigration program administration trump.
However, many lawyers, including those specializing in legal migration do not share the enthusiasm from the Brooklyn news.
Natalia Polutin
Immigration attorney and founder of the Global Practice
Immigration attorney and founder of the Global Practice, Natalia Polutin, shared with the USA.ONE opinion about the court decision, noting that, despite its importance to new York State, is reserved to refer to the possibility of its «surge» of applications:
«The court emphasized that the decision applies to a very narrow aspect of the deportation process, namely the interaction of State and Federal authorities. Code immigration law allows Federal authorities to enter into an agreement with the police of a particular State or County, if local authorities so wish, and to delegate the authority to detain illegal immigrants and transfer of detainees to Federal jurisdiction for subsequent deportation. Such agreements are the subject of litigation in various jurisdictions. Monitoring the enforcement of immigration laws, i.e., Federal legislation, requires considerable resources. If the local police does the work of Federal agencies, this means that the money of the taxpayers of this geographical unit does not support the work that is traditionally performed by the police.
The legal problem of this case lies in the fact that he was arrested was illegal, and that in detention he was kept by the State police as long as ICE is not transferred him to a deportation prison. The practical application of this precedent is unlikely to differ from the effect created in other jurisdictions, precedents — local authorities will rewrite the instructions for police and prison officials to continue to avoid situations where illegal immigrant, delinquent and before state law can be released from custody prior to the intervention in the deportation of service.»
At the moment Susai Francis is still in deportation prison, where, apparently, will remain pending further decision.
