UPDATE: The New York City Council has just approved a critical bill that empowers immigrants unlawfully detained by city law enforcement to sue the government. The New York City Trust Act, introduced by Council Member Shahana Hanif of Brooklyn, aims to hold city agencies accountable for violating sanctuary laws following alarming reports of unlawful collaboration with federal immigration officers.
The bill was discussed during a hearing held on October 16, 2023, and is positioned as a fundamental step in protecting the rights of immigrants in the city. Hanif stated, “This legislation is essential in strengthening our sanctuary policy. If local law enforcement aids ICE in detaining or deporting individuals, those individuals must have recourse.”
Recent investigations revealed that police and jail officers have violated the city’s sanctuary laws by collaborating with U.S. Immigration and Customs Enforcement (ICE). Notably, reports indicated that city correction officers coordinated with ICE officials, contravening existing policies intended to shield immigrants.
The NYC Trust Act permits lawsuits from anyone detained by the New York Police Department, the Department of Correction, or the Department of Probation if their detention violated sanctuary laws. This legislative move is a response to numerous incidents where city agencies have reportedly failed to protect immigrant rights.
During the hearing, Medha Venugopal, an attorney representing immigrant clients, shared a poignant case about a woman unlawfully detained after city welfare workers divulged information to ICE. “No agency should feel empowered to violate the law, and there should be consequences when they do,” Venugopal emphasized, echoing the sentiments of many advocates present.
The urgency of this bill is underscored by recent history. Just last year, the city agreed to a staggering settlement of $92.5 million for unlawfully detaining over 20,000 undocumented immigrants. These detentions occurred predominantly before the current sanctuary laws were enacted, highlighting the necessity of reform.
Council members criticized the absence of city officials at the hearing, with Alexa Aviles, chair of the immigration committee, expressing her offense at the lack of representation. Manuel Castro, commissioner of the Mayor’s Office of Immigrant Affairs, testified in support of the bill but faced criticism regarding his role under Mayor Eric Adams. Aviles remarked, “You have chosen to work with an administration that has thrown our communities under the bus.”
The Department of Correction has expressed concerns about the broad applicability of the bill, indicating that further discussions are necessary to clarify its implications. Additionally, the hearing touched on other immigration-related measures, including a proposed ban on federal immigration authorities establishing an office on Rikers Island.
As the city grapples with these developments, all eyes are on the next steps for the NYC Trust Act. The bill’s progress signals a pivotal moment for immigrant rights in New York City, making it essential for communities to stay informed and engaged.
Authorities confirm that the Council will continue to evaluate the implications and gather feedback from various stakeholders. With the growing visibility of immigrant issues, this legislation could reshape the landscape of sanctuary protections in the city.
Stay tuned for more updates as this story develops.
