Tag Archives: ICE

Anti-Trump Activism, Civil Rights, Civil Rights-Human Rights, Governor Kathy Hochul, Immigration-Migration-Refugees, Law & Order, Public Safety-Crime-Law Enforcement

Governor Hochul Announces Expanded Proposal to Protect New Yorkers Against ICE 

Keeps Immigration Authorities Out Of Sensitive Location And Protects Interactions With Public Employees

Prohibits Law Enforcement from Covering Their Faces in Order to Conceal Their Identities

Protects Every Student’s Right To A Free Public Education Regardless Of Immigration Status

Builds on Governor’s ‘Local Cops, Local Crimes Act’ to Ensure Local Law Enforcement Is Focused on Fighting Local Crime

New Yorkers protest against ICE. Governor Hochul has introduced expanded proposals to restrict and limit ICE activities in New York State and protect New Yorkers’ civil and human rights © Karen Rubin/news-photos-features.com

Governor Kathy Hochul today proposed a comprehensive plan that would expand protections for New Yorkers regardless of immigration status, safeguard basic rights and hold federal immigration officials accountable. Earlier this year, Governor Hochul introduced several proposals to protect New Yorkers amid an unprecedented escalation in aggressive federal immigration enforcement. Building on her previous proposals, this comprehensive package would enhance protections and safeguard the rights of New Yorkers from the overreach of rogue federal immigration authorities.

“New York prides itself on being the place that immigrants come to build a better life and we will not stand for senseless actions that stand in the way of that promise,” Governor Hochul said. “My top priority is keeping New Yorkers safe, which is why I’m proposing new measures to stop ICE’s flagrant abuse of power under the guise of public safety. By safeguarding basic rights and expanding protections that keep our communities safe, we are fighting to reassure every New Yorker that we will protect them from ICE overreach. The time to act is now.”

Bans Law Enforcement from Wearing Masks

The Governor’s proposal would prohibit state, local and federal officers from wearing face covering while interacting with the public. This excludes tactical equipment, sunglasses, or medical masks from the definition of face covering. Willfully violating the statute would be a misdemeanor.

Refocuses Local Law Enforcement on Local Crimes

This proposal would prohibit state and local law enforcement from coordinating with federal immigration enforcement for non-criminal violations like jaywalking or minor vehicle and traffic violations. The proposal would also limit law enforcement officers from asking, collecting or sharing information about immigration status unless it is legally required or relevant to a crime.

The Governor’s proposal would also prohibit local governments, state and local police, and state and local corrections from entering 287(g) Agreements or similar agreements with the federal government that allow for state and local resources to be used for civil immigration enforcement purposes. Local governments would also be barred from paying or otherwise contributing to the costs related to constructing, owning, or operating an immigration detention facility. They would also be prohibited from changing zoning to allow for construction or use of buildings as immigration detention centers without public input.

Holds Federal Law Enforcement Accountable for Constitutional Violations

Currently, New Yorkers can sue state and local government officials for a violation of their constitutional rights under federal civil rights law but actions against federal officials are much more limited. The Governor’s proposal would establish a state law under which New Yorkers can bring a lawsuit against federal, state, and local government officials for a violation of their constitutional rights.

The Governor’s proposal would prohibit state, local and federal officers from wearing face covering to conceal their identities while interacting with the public. This would exclude tactical equipment, sunglasses, or medical face coverings.

Safeguards Interactions with Public Employees

The Governor’s proposal would strictly prohibit the use of state, local or school resources—including employee time—for immigration enforcement activities. This includes a ban on questioning or investigating individuals solely for civil immigration purposes, as well as inquiring about a person’s citizenship or country of origin unless required by a federal judicial warrant. Proposed legislation would also prohibit officials from disclosing personally identifying information to immigration authorities, granting them access to non-public areas of public facilities or using immigration officers as interpreters, and would prohibit the release or transfer of a student into immigration custody even if a parent has been detained, unless specifically mandated by a judicial warrant or court order.

Additionally, SED would develop a model policy for schools regarding interacting with immigration authorities.

Keeps Immigration Authorities Out Of Sensitive Locations

The Governor’s proposal would prohibit all state, local and school employees (including higher ed and k-12) from permitting access to any non-public area of a state-owned or operated facility to immigration authorities without a judicial warrant. That means any state or municipally owned, or operated facility including housing accommodations, parks, childcare facilities, preschools, hospitals, schools, dorms, healthcare facilities, community centers, libraries and shelters, cannot grant or facility access to any non-public areas of their facilities to immigration authorities without a warrant.

The Governor’s proposal would also empower privately owned or operated sensitive locations, including hospitals, daycares, schools, housing accommodations and houses of worship to do the same.

Protecting Every Student’s Right To A Free Public Education

In addition to protecting schools as sensitive locations, the Governor’s proposal would ensure immigrant students can access education, codifying the right to a free public education regardless of immigration status.

The proposal prohibits various practices, particularly around data collection and disclosure regarding immigration status, that could chill the exercise of that right by undocumented students.

“We will always help federal law enforcement when it comes to tracking down, apprehending and assisting in the prosecution of individuals who are accused of violent crimes, serious crimes — always have, always will,” Governor Hochul stated. “There is no deviation in our policy on that. But we will not let them go in and terrorize our cities, go after our neighbors because of the color of their skin, as we saw unfold in many cities across the country. We don’t want families to have parents afraid to send their children to school — as has been happening — or go to worship, and not go after neighbors just because of where they come from.”

Congress, Government spending, Homeland Security, National Security, News & Photo Features

Congressmen Suozzi, Fitzpatrick Announce Bipartisan Effort to Fund TSA, Coast Guard, FEMA While Advancing ICE Reforms

Proposal Would Fix Chaos at American Airports, Mandate ICE Standards Consistent with Other Federal Agencies, Target Enforcement on “Worst of the Worst”

Senate Democrats have tried 10 times to pass legislation to fully fund TSA so the officers could get paid and relieve the abominable lines at airport security, to fully fund FEMA, the Coast Guard, and cybersecurity, more important than ever in light of heightened terror threats since Trump’s unprovoked, illegal Iran War. But each time, Republicans have blocked it.

Think of it. When Americans are most vulnerable, Trump and the Republicans are willing to let national security collapse in order to continue to allow ICE illegally detain, arrest, incarcerate in inhumane concentration camps, without any accountability.

And now, when Republicans are ready to say “uncle,” Trump has told them he does not want them to work with Democrats. Think of it – that’s more than half the country that he doesn’t care about, especially since his approval rating is now around 36%.

What is more, since he came up with the brilliant idea (like a paper clip!), which actually came from a woman calling in to a talk show, to install the ICE thugs at airports, under the pretense of relieving the burdens of the TSA agents who remain on the job despite not being paid in a month, he has actually fallen in love with the fact that the ICE agents aren’t helping relieve travelers’ misery at all (in fact, they are like SCABs in a union action), but are in place to continue extra-judicial, unconstitutional arrests, detentions, deportations.

Trump has also tied passing any new legislation to the Congress passing his SAVE Act, whose singular purpose is to suppress voting by disenfranchising potentially millions of women, Blacks, seniors, college students, and anyone else who tends to vote for Democrats. So Trump has little incentive to adopt this legislation proposed by Congressmen Tom Suozzi (D-NY) and Brian Fitzpatrick (R-PA). But good try, guys.

Meanwhile, I’m sick of people blaming Democrats or “Congress,” instead of putting the blame for the chaos, confusion, misery, suffering, and impending collapse of our economy, democracy, national security by Trump and his Republican enablers. –Karen Rubin, editor@news-photos-features.com

Congressman Tom Suozzi (D-NY) is once again attempting a bipartisan solution to a critical problem: funding TSA, FEMA, Coast Guard and other critical national security, while not giving up on the demand to reform ICE, as Americans are demanding. But Trump has said flat out he does not want his Republicans to “negotiate” with Democrats. What is more, Trump now has incentive to not reopen DHS because he likes having his ICE haunting the airports, and thinks Democrats are being blamed for travelers suffering in long lines and TSA agents not being paid © Karen Rubin/news-photos-features.com

Washington, D.C.— Congressman Tom Suozzi (D-NY) and Congressman Brian Fitzpatrick (R-PA) announced that they are working on bipartisan legislation to immediately re-open the Department of Homeland Security (DHS) while advancing commonsense reforms to Immigration and Customs Enforcement (ICE). 

At a moment when Washington remains deadlocked, the Suozzi-Fitzpatrick effort offers a serious bipartisan path to restore full DHS operations while pairing that action with targeted reforms to improve public trust and strengthen accountability within ICE. 

“People are standing in long lines at our airports, TSA agents are not getting paid, FEMA is going unfunded, and Americans are becoming increasingly frustrated that instead of solving problems, politicians in Washington are pointing fingers. Congressman Fitzpatrick and I are trying to cut through the dysfunction, isolate the problem areas where negotiations have stalled, and work together to get things done,” said Congressman Suozzi.“Ultimately, ICE is a law enforcement agency that needs to be held to the same professional standards as every other law enforcement agency in the United States. Unfortunately, ICE has been operating in a fashion I believe is illegal and immoral. It’s not a radical idea to ask them to answer to the same safety and transparency requirements as every other police officer and federal agent in the country. 

“Protecting the American people is among the first obligations of government, and that means ensuring the Department of Homeland Security is fully funded and fully operational. It also means ensuring that those entrusted with enforcing the law operate under clear, consistent standards that preserve public trust. I have long believed that, at its core, law enforcement is a social contract built on trust on both ends. This effort would restore DHS operations, reinforce clear and uniform standards across federal law enforcement, and keep enforcement focused on the most serious threats to public safety. That is how we restore the mission, strengthen enforcement, and renew public confidence in the institutions charged with protecting the American people,” said Congressman Fitzpatrick.  

The proposed reforms are being developed to fully restore DHS operations while establishing ICE standards consistent with those of other law enforcement agencies. In shaping this effort, the Congressmen have engaged directly with federal law enforcement officials, while drawing on Congressman Fitzpatrick’s more than 15 years as an FBI Agent and Congressman Suozzi’s experience overseeing the nation’s 11th largest police department as Nassau County Executive.

The legislation would require that all federal law enforcement agencies, including ICE, are held to the same high standards and policies as it pertains to training requirements, the use of body cameras, independent investigation of use-of-force at scenes, clear outer identification of the agency engaged in the enforcement action, cooperation with local law enforcement, and a prohibition of masks during enforcement actions coupled with tougher penalties for doxxing. It would also lay out stronger warrant requirements and rules governing activity in sensitive locations to ensure enforcement resources are focused on the “worst of the worst.”

Last week, the Senate failed to advance DHS funding for the fifth time, extending a stalemate that has left the Department unfunded since February 13 and is taking a serious toll on TSA staffing, airport operations, and DHS’s ability to fully carry out its mission. At the same time, the deadlock has made clear that any durable solution must not only reopen DHS, but also address the need for credible, commonsense reforms that strengthen accountability within ICE. 

Criminal Justice, Immigration-Migration-Refugees, Justice system, Law & Order, Trump Administration

NYCLU, ACLU, BDS File Class Action Suit Challenging Trump Administration’s Indefinite Detention of Immigrants

2018 Womens March NYC: Protesting to stop raids on immigrant families, save DACA © Karen Rubin/news-photos-features.com

NEW YORK –The New York Civil Liberties Union, American Civil Liberties Union and Brooklyn Defender Services filed a federal class action lawsuit today challenging the recent cessation of bond hearings for immigrant detainees and the Trump administration’s indefinite detention of immigrants.

The administration’s halting of bond hearings in New York follows a February Supreme Court decision in a case from California, Jennings v. Rodriguez, holding that a federal immigration statute does not entitle immigrants to bond hearings. In that case, the Supreme Court chose not to decide whether the U.S. Constitution independently requires bond hearings and instead sent the case back to the appeals court in California to address that question. In New York, however, the federal appeals court already recognized that the Constitution requires such hearings in a 2015 case, Lora v. Shanahan. Nonetheless, the federal government has stopped providing them to immigrant detainees in New York. Today’s lawsuit seeks to restore bond hearings and due process protections for jailed immigrant New Yorkers.

“In the pursuit of its anti-immigrant agenda the Trump regime seeks to do away with basic legal protections that are fundamental to any notion of justice,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Immigrants are entitled to due process, and bond hearings are a vital safeguard against the unjustified and prolonged imprisonment that the Trump regime seeks to impose on all immigrants. The New York Civil Liberties Union and our partners will fight to ensure immigrant New Yorkers can rely on the rule of law even under the Trump regime. ”

Hundreds of thousands of people both with and without lawful status are detained by Immigration and Customs Enforcement (ICE) each year. Immigration detention can last months or even years, as people fight their deportation cases through a slow and backlogged immigration court system. Bond hearings are an essential opportunity to demonstrate to a judge that incarceration is not necessary to ensure that someone returns to court. Without a hearing, immigrants, including asylum seekers and green card holders, may remain locked up indefinitely while they fight their cases.

“Without the opportunity to request release, our clients, including asylum seekers and long-time green card holders, are indefinitely detained and separated from their families, their jobs, and their communities in horrific detention centers,” said Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services. “Indefinite detention is contrary to our most basic constitutional principles and we are proud to continue the fight for due process and justice for our clients and their communities.”

The lead plaintiff in the class action, Augustin Sajous, is a 60-year-old Haitian man who has lived in the US for 46 years, since he became a permanent resident as a child in the 1970s. He studied engineering, bought a house, and helped raise a family, but in recent years he has struggled with mental health issues, which led to bouts of homelessness. Mr. Sajous was arrested by ICE in September 2017 and is subject to deportation because of two 2015 misdemeanor convictions for bending MetroCards in order to use them with zero balance.

“The Supreme Court’s recent ruling does nothing to undermine the fact that the Constitution ensures that all people in the U.S. are entitled to due process protections,” said Jordan Wells, staff attorney at the New York Civil Liberties Union. “We are taking action now to ensure that immigrant New Yorkers who are currently detained get a fair opportunity to secure their freedom.”

In addition to Wells, counsel on the case include NYCLU staff attorneys Robert Hodgson, Paige Austin, and Aadhithi Padmanabhan, associate legal director Christopher Dunn and paralegal Maria Rafael, ACLU Immigrants’ Rights Project staff attorney Michael Tan and deputy director Judy Rabinowitz, and BDS attorneys Andrea Saenz, Brooke Menschel, Zoey Jones and Bridget Kessler.