Q&A
Clarification of exceptions to sanctuary laws and detainer policies
2:05:44
ยท
107 sec
Council Member Alexa Aviles seeks clarification on the exceptions to sanctuary laws, particularly regarding criminal carve-outs for detainers. Rebecca Engel from MOIA explains the current detainer law, which allows honoring ICE detainers only for those convicted of violent or serious crimes or possible matches in the terrorist database.
- The discussion reveals confusion and contradictory messages surrounding these policies
- Council Member Aviles emphasizes the importance of due process for all individuals
- The exchange highlights the complexity and sensitivity of sanctuary city policies
Alexa Aviles
2:05:44
I share the frustration.
2:05:45
I wanted to know, did the mayor commit to any additional resources that we need to address this issue?
2:05:51
No.
2:05:51
Oh, surprising.
2:05:53
In terms of I I just want a clarification for the record.
2:05:59
Commissioner, can you can you clarify Moya's perspective about what the exceptions are to the sanctuary laws?
Manuel Castro
2:06:07
The current exceptions?
Alexa Aviles
2:06:08
Yes.
Manuel Castro
2:06:10
What are commonly known as criminal carve outs.
2:06:13
Do you wanna talk about this, Rebecca?
2:06:15
Yeah.
Rebecca Engel
2:06:17
Could you tell me which sanctuary law you're referring to?
2:06:19
Because there are several.
Alexa Aviles
2:06:21
Let's let's, let's talk about particularly the criminal carve outs.
Rebecca Engel
2:06:27
For the criminal carve outs?
2:06:28
Yes.
2:06:28
You mean for detainers?
Alexa Aviles
2:06:29
Yes.
2:06:30
The one that there's been a whole lot of mythology spread by the administration on.
Rebecca Engel
2:06:35
Yes.
2:06:35
So, under our current detainer law, NYPD, or DOC is not allowed to honor an ICE detainer unless, one, somebody has been, convicted of a violent or serious crime, which is defined later on in the statute, or if they are a possible match in the terrorist matching database.
2:06:57
Those are the two exceptions.
Alexa Aviles
2:06:59
So though there is a process to address, violent crimes?
Rebecca Engel
2:07:05
Yes.
Alexa Aviles
2:07:07
And is is Moyah of the opinion, that people should be not offered due process prior to conviction and sent to ICE?
Rebecca Engel
2:07:21
I mean, certainly, we are of that opinion.
2:07:24
But I don't know exactly, if you're asking about our opinion on the law.
2:07:28
We can't we follow the law and Okay.