UPDATE: The New York City Council has just announced a groundbreaking bill allowing immigrants unlawfully detained in violation of the city’s sanctuary laws to sue the city government. The measure, known as the New York City Trust Act, received its first hearing on October 16, 2023, and aims to hold city agencies accountable for violations that have affected countless lives.
Council Member Shahana Hanif of Brooklyn introduced the bill, emphasizing the urgent need for accountability following alarming reports of unlawful collaborations between city law enforcement and federal immigration officers. Recent investigations revealed that police and jail officers have violated sanctuary laws by sharing information with U.S. Immigration and Customs Enforcement (ICE), leading to unlawful detentions.
“This bill would strengthen our existing sanctuary policy right now,” Hanif stated during the hearing. “If local law enforcement aids ICE in detaining and deporting an individual, that individual doesn’t have any recourse.” This legislation is pivotal, as it only applies to those detained by the New York Police Department, the Department of Correction, and the Department of Probation, allowing lawsuits for illegal detentions linked to city cooperation with ICE.
The bill comes in the wake of a $92.5 million settlement that the city agreed to pay last year for unlawfully detaining over 20,000 undocumented immigrants beyond their scheduled release dates. These detentions, which occurred between 1997 and 2012, highlight long-standing issues that the current legislation seeks to address.
During the hearing, Medha Venugopal, an attorney representing immigrant rights, testified about a case where city child welfare workers shared sensitive information with ICE, leading to her client’s detention. “No agency should feel empowered to violate the law, and there should be consequences when they do,” Venugopal remarked, underscoring the human impact of these violations.
Support for the New York City Trust Act was echoed by Deborah Lee, head of the Legal Aid Society’s immigration practice, who stated, “This is critical because laws without remedies are hollow.” Her words resonate with many advocates who have witnessed the devastating effects of such policies on immigrant families.
Interestingly, the hearing revealed a lack of participation from City Hall, as no officials appeared to testify. Committee chair Alexa Aviles expressed her disappointment, saying, “I’m so offended by this whole situation.” Manuel Castro, commissioner of the Mayor’s Office of Immigrant Affairs, did testify but only in his personal capacity, igniting criticism from Aviles regarding the current administration’s approach to immigrant issues.
The Department of Correction submitted written testimony indicating concerns about the broad circumstances that could lead to claims under the Trust Act, highlighting potential pushback from city agencies.
As part of the ongoing dialogue around immigrant rights, several other immigration-related bills were discussed, including a proposal to completely bar federal immigration authorities from establishing an office on Rikers Island. The City Council previously prohibited ICE from setting up such an office but left room for exceptions, which a federal judge blocked in June.
Next steps: As the bill progresses, advocates and community members are urged to stay informed and engaged. The implications of the New York City Trust Act could significantly alter the landscape for immigrant rights in the city.
With a growing number of voices in support of this legislation, the urgency for change has never been more apparent. The outcome of this bill could set a crucial precedent for how sanctuary policies are enforced and upheld, directly impacting the lives of many New Yorkers.
Stay tuned for further updates on this developing story.
