Malliotakis Unveils List of 447 Crimes NYC ‘Sanctuary’ Policy Ignores

March 9, 2017

After a brief exchange during Mayor Bill de Blasio’s testimony before the New York State Assembly budget hearing on “Local Governments”, Assemblywoman Nicole Malliotakis (R,C,I-Brooklyn, Staten Island) has formally requested that the Mayor explore making adjustments to the existing “sanctuary city” law that restricts the ability of the New York City Department of Corrections (DOC) and the New York City Police Department (NYPD) to cooperate with U.S. Immigration and Customs Enforcement (ICE) on civil detainer requests. During the budget hearing, de Blasio expressed a willingness to add crimes to the list of offenses that trigger cooperation.

“While I believe that municipal law enforcement agencies should comply with civil detainers for all criminal offenses, I think Mayor de Blasio and I can agree that crimes such as sexual abuse, forcible touching and patronizing of a minor for prostitution are serious offenses that should trigger a zero tolerance policy. Government’s first responsibility is to keep its citizens safe. The city should not be harboring individuals who are not only here illegally but committing crimes against our citizenry as well,” said Malliotakis.

In 2014 the New York City Council enacted two resolutions, Local Law No. 58 and Local Law No. 59, to significantly impede cooperation between DOC, NYPD, and 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.

Crimes that are not considered “violent or serious” include Sexual Misconduct, Forcible Touching, Aggravated Identity Theft, and Permitting Prostitution, as well as various degrees of Sexual Abuse, Grand Larceny, Welfare Fraud, Aggravated Patronizing of Minor for Prostitution, and Promoting Prostitution, among others. Malliotakis also noted that defendants charged with a “violent or serious” crime will often plea to a lower degree in exchange for a lesser sentence.

“During the Administration of President Barack Obama, ICE agents were advised to issue a detainer only where the individual was suspected of posing a danger to national security, affiliated with an organized criminal gang, convicted of a felony unrelated to immigration status, convicted of an aggravated felony, convicted of three or more misdemeanors unrelated to immigration status or minor traffic offenses, or convicted of a misdemeanor related to a sex offense, burglary, firearms, drugs, driving under the influence, or any offense requiring 90 days or more in police custody. ICE limits the issuance of civil detainers to situations where the individual is considered dangerous or has already been convicted of breaking the law. I am truly alarmed by the fact that the City of New York honored less than 2% of them,” the letter reads. “I am sure you agree that we as elected officials must remain accountable to those we represent, and should never incentivize unlawful activity that hurts American families financially or, at worst, increases risk to our safety and security.”