When ideology trumps safety

The unintended consequences of this legislation are real and troubling”

Earlier this year, I wrote about the need to correct certain flaws in Westchester County’s Immigrant Protection Act.

While I’m not holding my breath for those fixes, I was surprised to learn that Assemblyman Chris Burdick and State Senator Peter Harckham are now cosponsoring a bill that would double down on the Westchester law by making it a statewide mandate. It’s called the “New York for All Act.”

Like the Westchester version, the bill includes some commendable provisions. It reminds immigrants that local law enforcement will not question their immigration status during interactions, so law-abiding immigrants should feel safe cooperating with police and local authorities, who play no role in deportation or federal immigration enforcement. The bill also requires that state agencies inform immigrants of their rights when being interviewed by federal immigration officials. Those rights—declining the interview, having an attorney present, and remaining silent—are clear and constitutionally grounded.

But the legislation goes far beyond those provisions. It mandates active noncooperation with federal immigration officials, even prohibiting local jails from informing Immigration and Customs Enforcement (ICE) when they are holding individuals of interest—including those with criminal records or deportation orders. The law even repeals part of New York Correction Law that currently allows for the transfer of inmates from state to federal custody, including to ICE, under certain conditions like a court order or detainer.

It’s ironic to pass a law that makes it harder to enforce the law. It also jeopardizes the safety of the very people it claims to protect by making it more difficult to remove dangerous criminals from our streets.

Imagine the public reaction if federal authorities announced they would no longer cooperate with local law enforcement or share information with them. Cooperation is a two-way street, and for decades, local and federal agencies have worked together to uphold public safety. This bill breaks that partnership.

There is overwhelming public support for deporting undocumented immigrants with criminal records. As The New York Times reported in February, 87 percent of Americans support such deportations—a figure that cuts across partisan lines. The Trump Administration’s rhetoric doesn't change the fact that most Americans want criminal offenders removed from the country.

The unintended consequences of this legislation are real and troubling. Forcing ICE to make arrests in public or residential settings—rather than the secure confines of a jail—increases the risk of violence for officers and the public. An ICE officer I spoke with told me about a colleague who was seriously injured while arresting a drug trafficker in a county with a similar noncooperation policy. The suspect could have been taken into custody at the jail, but because ICE was denied access, the officer was forced to apprehend him at his girlfriend’s apartment. The officer was slashed with a knife, ending his career.

Policies like this may actually increase the number of arrests of otherwise non-criminal immigrants. By limiting ICE’s ability to apprehend the most dangerous individuals in a controlled setting, such laws create broader, more chaotic enforcement, pulling in others who might have been left alone.

Assemblyman Burdick’s defense of the bill sounds more like partisan grandstanding while avoiding the details. He said, “We reject the Trump Administration’s policies, which all too frequently victimize immigrants legally present in this country who are pursuing the American dream. As the grandson of immigrants, I cherish our diversity, which is the hallmark of this nation. I am a proud cosponsor of New York for All.”

No one is disputing the value of diversity or the contributions of immigrants to our society. But protecting public safety and enforcing reasonable immigration laws is what we should expect from our elected officials instead of trying to score political points.

Common sense may not be so common in Albany these days. We deserve better.