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Q&A
Discussion on potential return of ICE to Rikers Island
2:27:49
ยท
6 min
Council Member Restler questions DOC officials about the potential return of ICE to Rikers Island, following the mayor's announcement. The discussion reveals limited information about the process and highlights concerns about the legality and implications of such a move.
- DOC officials confirm conversations with City Hall staff but not the Law Department
- No draft executive order has been shared with DOC yet
- DOC General Counsel explains that any ICE presence would be limited to criminal investigations, not immigration enforcement
- Restler expresses concerns about potential conflicts with sanctuary city laws
Lincoln Restler
2:27:49
ICE.
2:27:51
So the mayor made a pronouncement on television that ICE is going to be showing up on Rikers Island.
2:27:58
Has there been any communication between your office and ICE about the return of ICE to Rikers Island?
2:28:05
No.
2:28:06
Has is it accurate that the mayor's council is drafting an executive order to allow for the return of ICE to Rikers Island?
Lynelle Maginley-Liddie
2:28:15
I've not seen an executive order.
Lincoln Restler
2:28:17
Have you been consulted about the drafting of an executive order?
2:28:20
We've had conversations but I've not seen a Can you confirm with us on the record who you've had conversations with?
Lynelle Maginley-Liddie
2:28:25
I will not be saying who I those are privileged The
Lincoln Restler
2:28:29
office of the which office?
2:28:30
Office of the council to the
Lynelle Maginley-Liddie
2:28:31
mayor?
2:28:33
Conversations.
Lincoln Restler
2:28:35
Is it accurate that the law department is not involved in the drafting of this executive order?
Lynelle Maginley-Liddie
2:28:40
Again it's privileged conversations.
Lincoln Restler
2:28:44
So you've been involved anything you want
Glenn Williams
2:28:48
to add?
James Conroy
2:28:48
No, I'll just confirm.
2:28:50
So
Lynelle Maginley-Liddie
2:28:53
ultimately any executive order will be issued by the law department?
Lincoln Restler
2:28:59
Any executive order will be issued by the law department.
Lynelle Maginley-Liddie
2:29:02
I mean the law department would have to confer on the executive order that issued.
Lincoln Restler
2:29:07
So you're can you confirm that you've been in conversation with the law department about the drafting of this executive order?
Lynelle Maginley-Liddie
2:29:11
I have not been in conversation with the law department.
2:29:13
Has your staff been in conversation with the law department?
2:29:16
We have not been in conversation with the law department on the drafting of the executive order.
Lincoln Restler
2:29:20
So you've only been in conversation with the council to the mayor?
Lynelle Maginley-Liddie
2:29:25
I did not say that.
Lincoln Restler
2:29:26
I'm I'm I'm asking it.
2:29:27
That's my question.
2:29:28
Have you been in conversation with the counsel to the mayor about the office of the counsel to the mayor, the chief counsel's office, about the drafting of this executive order?
2:29:35
You said you've been in conversations with staff.
2:29:37
You said you haven't been in conversation with the law department.
2:29:39
Yesterday, commissioner Castro and Molly Schafer testified under oath that they've had no conversations whatsoever about the drafting of this executive order.
2:29:48
So we're looking to understand who is drafting this executive order because any executive It
Lynelle Maginley-Liddie
2:29:52
is not the Department of Correction.
Lincoln Restler
2:29:53
Understood.
2:29:54
But it has to you have to understand that an executive order that allows for a federal agency to show up in your jail complex requires coordination with you.
2:30:04
Right?
2:30:04
You need to know what the terms are and what the agreement is and what space you're given up and all of the costs associated.
2:30:10
Right?
2:30:11
We're trying to understand what conversations have happened with the Department of Correction to understand where this is in the process and who is driving the train.
James Conroy
2:30:19
Councilmember James Conroy, the general counsel of the Department of Correction.
2:30:22
Nice to I will say this.
2:30:24
The commissioner replied in terms of like there have been conversations, not recently.
2:30:28
Those conversations have been with just members of city hall.
2:30:33
And we'll leave it at that.
2:30:34
You know, again, I I don't know how granularly we can get into the details of whom we're talking to, but nothing is in place.
2:30:42
We've not seen anything past or drafts of of any level of finality.
Lincoln Restler
2:30:48
At the so you have have you seen any draft?
James Conroy
2:30:50
No.
2:30:51
I we have not yet.
2:30:52
Just, again, conversations only.
Lincoln Restler
2:30:53
So there's been no draft that's been shared with the Department of Correction.
2:30:56
There's only been policy conversations about what is to be included in the draft to allow for the return of ICE to Rikers Island.
James Conroy
2:31:04
I would say would be included, but that's correct, yes.
Lincoln Restler
2:31:07
And with City Hall staff, not with the law department.
2:31:10
Has there been a conversation about whether the mayor faces a conflict of interest in his ability to legally sign this executive order?
James Conroy
2:31:17
Neither myself or the commissioner have had that conversation.
2:31:20
No.
2:31:21
And I imagine you're not gonna share any opinion on that on the record Opinions, no.
2:31:26
But no, we've not had conversations.
2:31:27
Okay.
Lincoln Restler
2:31:30
Has there been any internal cost analysis by the Department of Correction to bring ICE back onto Rikers Island?
2:31:38
No.
2:31:40
So there's no understanding today in the preliminary budget hearing of how much this may cost and what the operational implications are of the return of ice to Rikers Island?
James Conroy
2:31:52
Definitely not cost.
2:31:54
I mean, myself, I contemplate operational, you know, considerations.
James Boyd Jr.
2:31:58
Can you
Lincoln Restler
2:31:58
share with us any insight into the operational implications of the return of ice?
James Conroy
2:32:01
We really can't until and if there is an executive order that's in place.
Lincoln Restler
2:32:06
Do you believe that an executive order allowing for the return of ICE to Rikers Island can be drafted that is not in explicit conflict with our sanctuary city laws?
2:32:16
Well,
James Conroy
2:32:17
the I will say that much then.
2:32:19
Yes.
2:32:19
In in the context of, local law, there is a provision within the law that does permit the mayor to issue an executive order that would establish an office on Rikers Island that is for the sole purpose of criminal investigations, not relating to civil or criminal removal proceedings or immigration enforcement.
Lincoln Restler
2:32:38
Relating to people accused of one of the 77 crimes?
James Conroy
2:32:43
No.
2:32:43
No.
2:32:43
No.
2:32:43
Those are distinct.
2:32:44
The the criminal aspect of of what this office would be allowed to do would be things of pure criminal nature, meaning intelligence sharing regarding narcotics, trafficking, potential organized crime activity, things of that nature.
2:32:59
That's what the statute contemplates.
2:33:01
So that's that's just the context that you asked me what would the executive order entail, that that's what it would entail and that's what
Lincoln Restler
2:33:07
the statute allows.
2:33:08
And I just wanna the charter explicitly says to the commissioner, as the commissioner, you have charge and management of all institutions of the city on in your purview.
2:33:22
Do you does that mean that you expect to have input and on the content of the executive order as it relates to the operations of Rikers Island on of ICE on Rikers Island?
Lynelle Maginley-Liddie
2:33:34
I mean.
James Conroy
2:33:37
I that's a difficult question to answer because this would probably entail multiple levels of of input, but we're not there yet.
Lincoln Restler
2:33:45
Do let me ask this question considering I think you have a role and a say in whether this moves forward based on your charter mandated responsibility.
2:33:53
Do you support the return of ICE to Rikers Island?
Lynelle Maginley-Liddie
2:33:55
So nothing will take place on Rikers Island unless it fully comports with the law.
Lincoln Restler
2:34:01
Fair.
2:34:02
Do you support the return of ICE to Rikers Again,
Lynelle Maginley-Liddie
2:34:04
nothing will take place unless it fully comports with the law.