As New York City grapples with a wave of migrant crime — punctuated by recent-high profile incidents that left cops injured — many have wondered why federal immigration authorities aren’t deporting suspected criminals at a more rapid rate.
But immigration experts told The Post on Tuesday that it can be hard — both legally and logistically — for the feds to remove migrants before they’re convicted of a crime.
They said some of the difficulty stems from the city’s sanctuary laws, which bar local police from contacting US Immigration and Customs Enforcement or honoring “detainers” the federal agency puts out.
A current ICE official told The Post that the sanctuary city laws are helping propel the recent crime wave — which includes the April 2 incident in which two Venezuelan migrants accused of shoplifting in Manhattan fought back during arrest.
The NYPD, the official said, “will not contact immigration at all.”
“ICE has no idea,” the official said, adding that the city also bars the agency’s officers from entering its shelters to make arrests.
If ICE does take someone into custody, the agency can start the removal process fairly quickly, and it will do that in certain cases, such as after a conviction.
But experts said the agency is often picky about whom it pursues. For instance, ICE can arrest people simply for being in the country illegally — and it did so thousands of times in the Big Apple last year, according to The City.
But if a migrant is arrested for a more substantive crime, the agency will typically wait for the legal system to do its job, according to Robert Osuna, a criminal defense attorney in Manhattan who often works immigration cases.
“If they’re not convicted, [ICE] generally doesn’t take them because then it becomes a big logistical headache,” Osuna said.
“If ICE was to take everybody who was in Rikers Island who was subject to removal proceedings, and they put them in immigration holds, the local prosecutors would have a nightmare of trying to get them each time you have to produce them [for court].” --->READ MORE HERE
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| Helayne Seidman |
In theory, the millions of “asylum seekers” that Team Biden has waved into the US interior are all on parole, subject to deportation if they break more laws — so why does the NYPD find itself arresting them again and again?
The latest news is the arrest of five migrant shoplifters — including at least two with multiple priors — who attacked cops at a Target last week: How were those two, Yusneiby Machado and Brayan Freites, not already in ICE custody?
The state’s ridiculous no-bail law explains why they weren’t in jail, but it’s Gotham’s “sanctuary city” statute that prevents law enforcement from calling in Immigration and Customs Enforcement, let alone handing perps directly over.
And it keeps happening:
- Six of the eight migrant squatters busted on weapons and drug-dealing charges last week after wreaking havoc in a Bronx apartment walked: Only after The Post reported on it did Homeland Security raid that Bronx home and take three of the migrants into federal custody pending deportation.
- Darwin Andres Gomez-Izquiel, a 19-year-old Venezuelan migrant and a suspect in the Times Square cop-assault, was re-arrested and charged with shoplifting at a Macy’s store in Queens.
- Yorman Reveron, another suspect in the Times Square cop-assault case, had two open cases in Manhattan for assault and robbery before that outrage.
--->READ MORE HERE
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