UPDATE: The New York City Council has just advanced a groundbreaking bill that would empower immigrants unlawfully detained in violation of the city’s sanctuary laws to sue the city government. This urgent measure, known as the New York City Trust Act, received its first hearing on October 23, 2023, and is designed to hold city agencies accountable for unlawful cooperation with federal immigration enforcement.
The bill, introduced by Council Member Shahana Hanif of Brooklyn, aims to address increasing concerns over violations of sanctuary laws. Recent reports from the Department of Investigation revealed troubling instances where local law enforcement and jail officials unlawfully collaborated with U.S. Immigration and Customs Enforcement (ICE).
“This bill would strengthen our existing sanctuary policy right now,” Hanif stated. “If there’s an incident where local law enforcement aids ICE in detaining and deporting an individual, that individual doesn’t have any recourse.” This initiative comes on the heels of a previous settlement in which NYC agreed to pay up to $92.5 million for unlawfully detaining over 20,000 undocumented immigrants from 1997 to 2012.
The proposed legislation would allow lawsuits from anyone unlawfully detained by the New York Police Department, the Department of Correction, and the Department of Probation. It includes provisions for individuals whose immigration detention was a direct result of illegal cooperation with federal authorities.
During the hearing, attorney Medha Venugopal from the Center for Family Representation supported the bill, sharing a harrowing account of a client, identified only as “Jennifer,” who was taken into federal custody after city workers unlawfully shared her information with ICE agents. “No agency should feel empowered to violate the law and there should be consequences when they do,” Venugopal argued.
Critics are already voicing their concerns regarding the bill. The Department of Correction submitted testimony expressing worries about the broad circumstances that could lead to claims under the Trust Act, indicating potential pushback from city agencies.
Despite the bill’s strong support, the hearing was marred by the absence of city officials. Council Member Alexa Aviles expressed her disappointment, stating, “I’m so offended by this whole situation.” Manuel Castro, commissioner of the Mayor’s Office of Immigrant Affairs, testified in support but noted he was doing so in a personal capacity, prompting further criticism from Aviles regarding the administration’s handling of immigrant issues.
This legislative push comes amid ongoing discussions about several other immigration-related bills, including one that would prohibit federal immigration authorities from establishing an office on Rikers Island. A federal judge recently blocked the Adams administration from setting up an ICE office on the island.
As the City Council deliberates this vital legislation, the stakes are high for the immigrant community in New York City. The outcome of this bill could significantly impact the legal recourse available to those affected by unlawful detentions. Stay tuned for more updates as this story develops.
