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Defenders: Mayor's Plan Could Result in Thousands Transferred to ICE Custody

New York City’s defender organizations, including The Legal Aid Society, condemn Mayor Eric Adams’ call to modify the City’s detainer law to allow local law enforcement to transfer anyone “suspected of committing serious crimes” to U.S. Immigration and Customs (ICE).

“What Mayor Eric Adams seeks would result in local law enforcement being able to transfer New Yorkers merely suspected of a crime to ICE, upending local criminal court proceedings while perpetuating family separation and dividing communities,” read a joint statement from Legal Aid, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, Neighborhood Defender Service of Harlem and Queens Defenders.

“Our detainer law is based on the principles of due process and the orderly administration of justice. These protections aim to ensure that New York City complies with the constitutional requirement of probable cause when working with ICE to detain someone,” the statement continues. “This allows people, many of whom have been targeted by our city’s racist policing policies, to remain in New York City to fight their cases rather than be turned over to ICE officials, who may detain and deport someone without a criminal trial or conviction.”

The defenders urged Adams to support pending measures to strengthen detainer laws, including the ICE Out! legislative package, and for State lawmakers to do the same by supporting the New York for All Act and the Dignity Not Detention Act.