Testimony Of New York City Comptroller Scott M. Stringer Before Members Of The Committee On Immigration Of The New York City Council

Thank you, Chairperson Carlos Menchaca and members of the Immigration Committee, for holding this hearing today on an issue of great importance to our city: the detention of immigrant New Yorkers by the New York City Police Department (NYPD) and the Department of Correction (DOC) pursuant to federal immigration detainers. I would also like to thank Speaker Melissa Mark-Viverito for her leadership on this issue and for introducing the two bills that are the topic of this hearing today: Int 0486-2014 and Int 0487-2014.

Throughout its history, the City of New York has been a gateway to America, welcoming immigrants and refugees from around the world. However, in recent years, that legacy has been weakened by the assistance by New York City law enforcement agencies to Immigration and Customs Enforcement (ICE) efforts targeting immigrant New Yorkers for detention and potential deportation.

For over a decade, DOC and the NYPD have participated in the federal Criminal Alien Program, providing the names of all arrestees to ICE regardless of the alleged crimes. Meant to target criminal offenders, the Criminal Alien Program has become a tool to keep tabs on immigrants who have been accused of crimes, whether or not they are ultimately convicted. The federal government has been using the criminal justice system to locate undocumented immigrants for deportation.

As the results illustrate, many New Yorkers who are not violent criminal offenders get caught up in the immigration detention system.

According to the Department of Correction, between October 2012 and September 2013, 1702 individuals—more than half of those transferred to the custody of federal immigration authorities—had not been convicted of a misdemeanor or felony offense.¹

• In addition, during that period, 845 individuals with at least one misdemeanor convention, but no felony convictions were transferred to the custody of federal immigration authorities.²

Individuals transferred to federal immigration custody and sent to detention centers far from their homes in New York City often lack access to legal counsel to ensure that their rights are protected.

Moreover, many immigrants in detention centers face abuse and lack of quality health care access while in ICE detention. In fact, between October 2003 and December 2013, 141 immigrants died while in ICE detention centers.³ As a result, it is imperative that the City consider the safety of ICE facilities when determining City immigration policy.

Beyond the human cost that implementing federal immigration detainers place on communities and families in New York City, there is also a substantial financial cost that the City bears from cooperation with ICE.

• According to the Department of Correction, the amount of money requested from the federal government through the State Criminal Alien Assistance Program (SCAAP) to pay for the City’s costs of processing detainers between October 2012 and September 2013 was $51,971,827.⁴

• The amount of SCAAP money actually obtained by the City to pay for cooperation  in  processing  immigrant  detainers  was  $9,535,609,  over

$42,000,000  less  than  the  requested  amount  or  only  18  percent  of  the requested funds.⁵

In effect, New York City taxpayers are subsidizing the detention and deportation of non-criminal New Yorkers. With deportation of immigrants at an all-time high and inaction by Congress on vitally needed immigration reform, we must reconsider the role this city plays in cooperating with the detention of immigrants within the five boroughs.⁶

Three years ago, in collaboration with immigrant community advocates such as Make the Road New York, I called on the City to end its collaboration with ICE on immigration detainers. I did so because of the terrible consequences that this policy has unleashed on our communities; separating families, threatening the safety and due process of New Yorkers and costing the City millions.