U.S. Immigration and Customs Enforcement (ICE) issued four subpoenas last week to the New York Department of Corrections (NYDOC) and they're interested in attaining information on criminal illegal aliens, despite that information being previously withheld because of sanctuary policies in New York.
Apparently there were some non-cooperation policies in place where officials were refusing to honor ICE detainers. They were also refusing to give ICE the information about criminal release dates on the illegal immigrants who might be a threat to public safety.
These subpoenas were issued because the NYDOC kept ignoring requests from ICE.
As reported on the ICE website:
“Like any law enforcement agency, we are used to modifying our tactics as criminals shift their strategies; but it’s disheartening that we must change our practices and jump through so many hoops with partners who are restricted by sanctuary laws passed by politicians with a dangerous agenda,” said Henry Lucero, acting Deputy Executive Associate Director for ICE’s Enforcement and Removal Operations.
ICE uses statutorily-authorized immigration subpoenas to obtain information as part of investigations regarding potential removable aliens. ICE has not historically needed to use its lawful authority to issue these subpoenas to obtain information from other law enforcement agencies as most law enforcement agencies throughout the country willingly provide ICE with information regarding aliens arrested for crimes in the interest of public safety.
At least four of the people who ICE wanted information about have an apparent history with drugs or violence, as stated:
A 21-year-old unlawfully present Guyanese national, who was arrested on January 10, by the NYPD and charged with murder, sexual abuse, contact by forcible compulsion, and sexual abuse of a 92-year old woman. He was previously released from local law enforcement custody in November 2019, despite ICE having lodged a detainer against him, due to New York City’s sanctuary policies;
- A 26-year-old citizen of El Salvador who was arrested in September 2019, for assault and is wanted in El Salvador for homicide. He was moved to Rikers Island, and ICE lodged a detainer against him. However, ICE is actively attempting to locate him in the community because he was released by NYDOC in December;
- A 38-year old citizen of Mexico who was arrested in January 2019, by the NYPD for attempted rape, unlawful imprisonment and attempted assault. He had two prior arrests by the NYPD for other criminal activity. ICE issued a detainer at the time of his last arrest, but he was released by NYDOC after posting bail;
- A 38-year-old citizen of Mexico who was arrested by NYPD in October 2019, on drug charges. ICE lodged a detainer against him but recently confirmed he had been released and the ICE detainer was declined. Previously, in 2012, he was sentenced to 60 months in federal prison for attempting to import methamphetamine. He has been previously removed to Mexico and currently there is a federal warrant for his arrest for illegal re-entry charge.
This week, ICE also issued four immigration subpoenas to the Denver Justice Center. Should the law enforcement agencies neglect or refuse to respond to the subpoena, an immigration officer may coordinate with the U.S. Attorney’s Office for the district in which the subpoena was issued to seek an order from the U.S. District Court requiring production pursuant to INA § 235(d)(4)(B), 8 C.F.R. § 287.4(d).