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Led by a Democratic majority, the New York State Assembly is jabbing back at President Donald Trump's immigration policy.
Under a bill approved this week, state and local law enforcement officials would be prohibited from acting based on suspected federal immigration status or suspected violation of U.S. immigration law. Law enforcement also would be prohibited from inquiring into the immigration status of a person who contacts an agency to seek benefits or assistance.
The bill, known as the New York State Liberty Act, would allow for the detention of individuals in violation of immigration law, but only under certain circumstances and conditions. Federal immigrant officials would need to make a request for detention that's accompanied by a judicial warrant. The individual requested by federal officials for detainment and pickup would need to hold a charge for reentering the country illegally.
The individual would need to have a previous conviction of a violent felony offense or be listed on the terrorism watch list. The individual would also have no New York charges for which detainment occurred.
In addition, use of state or local facilities such as jails and detention centers for immigration inquiry would stop. Those who are subject to removal or deportation would receive counsel as the bill establishes the right to legal representation.
New York City Democrats who support the bill said it protects and empowers New York state's immigrants. While the majority of immigration law is established at the federal level, bill sponsor Francisco Moya, D-Queens, said New York can enact policies that ensure individuals aren't stereotyped, profiled or deterred from accessing services for which they're eligible.
"The Assembly majority believes that the continued success of our state depends on ensuring that immigrants have access to resources they need to make meaningful contributions to their communities without the fear of inappropriate deportation and other serious consequences," he said.
The Republican minority and Assemblyman Andy Goodell opposed legislation and said the bill attempts to make it illegal for state and local police to assist federal law enforcement in deporting dangerous illegal immigrants. Instead of focusing on protecting residents, Goodell, R-Jamestown, said legislation was aimed to make it more difficult to deport violent criminals.
"I personally think New York state should be warm and welcoming to immigrants, but it's a tremendous privilege to be admitted into the U.S.," Goodell said. "If you abuse that privilege by committing a serious crime against somebody in the U.S., I think we have an equal obligation to revoke that privilege. The problem I have with the Democrats is all they're focusing on is helping criminals rather than focusing on the vast majority of law abiding immigrants."
Goodell said Trump has made it a point that he'd withhold federal funds from cities and states that fail to cooperate with the government. Goodell said he understands the philosophy.
"New York state receives $52 billion from the federal government," he said. "Of that, $1.1 billion is for public protection. The federal government might say we're sending you $1.1 billion for public protection and you won't cooperate with us in trying to deport violent criminals?"
Assembly Democrats passed a companion bill that would see a maximum sentence reduction for every Class A misdemeanor crime in the state one day shy of a year. Goodell, who debated the bill on the floor, said it's a way to prevent immigrants who receive the maximum sentence to be automatically deported.
With 76 votes needed for passage, the bill garnered 77 votes. All Republicans voted no along with a number of moderate Democrats.
"The purpose of the bill was to eliminate a judge's discretion in starting deportation proceedings even though the person's sentence is 364 days," he said. "It's all designed to protect immigrants who obviously committed a serious crime."
Despite passage through the Assembly, it's unlikely the bills will be taken up in the Republican-controlled Senate.
The Assembly also passed the New York State DREAM Act, which advances educational opportunities for immigrant children by eliminating potential financial obstacles to obtain financial aid. Under the proposal, immigrant students would be eligible for general financial aid awards, performance based awards or New York's Tuition Assistance Program. Students would need to attend high school or an approved program for a state high school equivalency diploma.
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