New York Gov. Cuomo sends ICE cease-and-desist letter, calls arrests ‘illegal’
New York Gov. Andrew M. Cuomo (D) issued a cease-and-desist letter to U.S. Immigration and Customs Enforcement on Wednesday, accusing the agency of making illegal arrests and describing its “aggressive tactics” in recent immigration raids across the state as unconstitutional and “un-American.”
Cuomo’s letter comes days after ICE completed an immigration raid in New York City and its surrounding counties that netted 225 suspected undocumented immigrants, 180 of whom had criminal convictions or pending charges, according to the agency. The legal status of a gubernatorial “cease-and-desist” order against the United States government is unclear.
At a news conference and in writing to ICE, Cuomo described multiple incidents in which he said ICE agents stormed private property without warning, without identifying themselves and without a warrant to arrest undocumented immigrants.
Cuomo warned that if ICE agents continued making arrests in this manner, “the state will sue them, period.” He also signed an executive order prohibiting ICE agents from making any arrests in state government buildings without presenting valid judicial warrants.
ICE Director Thomas D. Homan shot back at Cuomo late Wednesday, saying in a statement that ICE will refuse to “cease and desist from fulfilling our agency’s congressionally mandated mission of enforcing federal law.” Homan said the governor was “grandstanding.” He also took issue with the Cuomo’s characterization of ICE agents.
“The Governor’s comments were inaccurate and an insult to ICE’s sworn law enforcement officers who conduct their lawful mission professionally and with integrity,” he said, adding that “ICE officers acted professionally and within their legal authorities under federal law.”
Cuomo blamed what he described as an “alarming increase in the rate of arrests” and the “harshness in [agents’] behavior” on the Trump administration’s rhetoric about illegal immigration.
“I believe ICE has been politicized, if not directly then indirectly,” he said, “in that their aggressive tactics, aggressive behavior — unconstitutional, illegal behavior — is being fueled by the political rhetoric of the administration. … When you politicize law enforcement, now you are in a very bad place, and you are over the line. And whether that happens directly because [agents] are being told, or indirectly because they believe they’re following the spirit and the tone of the administration, that is a frightening place, and that is un-American.”
Arrests Cuomo cited as possibly illegal included one made on a dairy farm, one in a private residence and one targeting a local immigration activist.
The dairy farmer, John Collins, who attended the news conference with Cuomo, said that armed officers raided his farm in Rome, N.Y., last week to arrest one of his workers. Collins said the officers did not present a warrant when he demanded to see one. When he attempted to film the arrest, an agent threw his phone and then handcuffed him, he said. The alleged undocumented immigrant, Marcial De Leon-Aguilar, a native of Guatemala, had past convictions for aggravated assault and illegal reentry, ICE said.
“As an employer, I am responsible for protecting the people that are working on my farm,” Collins said. “When the federal government comes to my property, they must have a warrant and they must treat my property and the people on my farm with respect. Neither happened here.”
Sen. Kirsten Gillibrand (D-N.Y.) said she was “deeply troubled” by the arrest and called for an investigation.
Gonzalo Mercado, an immigration activist in Staten Island, said at the news conference that agents raided a private residence looking for a person who no longer lived there but then arrested five people on the property anyway, each without a warrant.
Alina Das, a law professor specializing in immigration rights at New York University, said her client, Ravi Ragbir, was targeted by ICE because he is an outspoken immigration activist, an act that both she and Cuomo described as unconstitutional. Ragbir has an 18-year-old wire fraud conviction on his record.
Cuomo’s comments and executive action Wednesday are yet another chapter in the ongoing battle between the Trump administration and Democratic officials around the country. In sanctuary cities and states, local law enforcement does not hand over suspected undocumented immigrants to ICE without warrants, an effort to ease fears undocumented immigrants may have about reporting crimes to police. In California, for example, Oakland Mayor Libby Schaaf went as far as warning the immigrant community about an impending ICE raid ahead of time.
Critics and Homan say that sanctuary cities endanger public safety and ICE agents since they can’t detain people in the jail but must do so in the community at large.
But Cuomo said he believes ICE agents are the ones endangering public safety when they enter private property without warrants and without notifying local law enforcement of these raids. He said that the fiscal year 2019 budget contains a $10 million increase to a legal defense project that would allow undocumented immigrants to receive free “rapid response” legal counsel should they become entangled in an ICE raid, particularly ones without a warrant.
“I understand the president is philosophically opposed to what we believe in New York, but I also believe the president is wrong. I believe he is wrong in his policy. I believe that’s not what America is all about, because immigration is not just the New York story. It is the American story. I believe his heated rhetoric is now driving abusive practices like what we see at ICE. I think they violate the law, and I think it’s our responsibility as a state government to stand up and make that case.”
Cuomo said he would wait to take any legal action as he sees how ICE responds to his requests.
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This guy is a jackass....in trying to mend his mafia mob boss personality to be the liberal poster child for president he does silly stuff like this. Actually tries to make people think that he cares for anyone besides himself. He doesn't. And he doesn't seem to understand the law (or could he just be grandstanding?). If you hire an illegal alien, you are breaking the law. ICE neds no warrant for that.......
that netted 225 suspected undocumented immigrants, 180 of whom had criminal convictions or pending charges, according to the agency. The legal status of a gubernatorial “cease-and-desist” order against the United States government is unclear.
So the Dims want to keep proven criminals in this country to prey on even more citizens?? I doubt that he has the legal authority to do this...in the never ending quest for votes
What were the charges? Jaywalking??
Why would it matter what the charges were for if they are here illegally?
on this I strongly agree with you
Oh, hard to tell, could include robbery, burglary, assault, murder, rape, child abuse....you know, the ordinary stuff that "convicted" guilty criminals get convicted of.
If you want information, do some research instead of leaving fly by comments.
Yes, they do. How can ICE prove there is probable cause without going before a judge, presenting evidence and getting a valid warrant? Without that the entire rule of law breaks down and anyone with even a hint of suspicion can be illegally searched and seized. I know that would make all the fascists and authoritarians happy, but that is not America and is blatantly unconstitutional. I would love for every undocumented person in America to either obtain legal status or be sent home but if it's at the cost of turning into a Gestapo-like police State, no thank you. We need comprehensive immigration reform and a better system for tracking immigrants that are here on visas which get overstayed and is the cause of 70% of our undocumented immigrant population. That along with sensible border enforcement for the other 30%, not some ridiculous two thousand mile wall, we could actually make some progress without allowing ourselves to devolve as a society into white nationalist fascism.
Sometimes people say we need "immigration reform" when what we really need is immigration law enforcement.
And ICE needs no warrant to arrest people they suspect of being in violation of immigration laws.
ICE has the authority to arrest non-citizens for alleged immigration violations.
There are many immigration officials have the authority to arrest and detain non-citizens living illegally in the United States. INA § 287(a)(2), grants arrest authority without a warrant to Immigration officials if they have "reason to believe that the alien ... is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest."
not actually illegal
Yeah, that's their job.
Not actually a legal standard.
This guy is as full of shit as a Christmas goose. I really hopes he runs for president. The reason he doesn't care about these illegal alien criminals is because they don't actually live in his neighborhood.
Is Cuomo scared they may come knocking at his door NOW ?
After all...he professed to being "Undocumented' in this country.
What a Dumbshit !
Don't worry about it, Cuomo won't make it through the primary's, he'll quit after New Hampshire.
I'm amazed that they are all taking Cynthia Nixon seriously down in NYC. That's how unliked this man is in the state.....
And this is one of the platforms the Democrats are running on this election cycle.
Yep...unleashing illegal criminals in our midst, confiscating our weapons of self defense, trying to abolish free speech, pandering to all those alphabet groups of whiny losers and failures in life...quite a platform the Dems have.
Greg,
Both parties have some real beauties within their ranks, hence why we need a third viable party.
Would you say that Andrew Cuomo is as big a detriment to the United States as , oh, say, Donald Trump is?
If Cuomo were to be the nominee against Trump would you be "torn" as to what to do in the voting booth?
The reason we vote in private.. is because it's private....
But nice try!
I don't think that the choice is that difficult, and I don't think you believe it is that difficult either.
No one really knows who the Dems are running in 2020, so I'm guessing that Andy is grooming himself to fill the vacuum left by the listless democrats who seem to be running (without a leader) on the Hillary shoulda won platform.
If 2020 came down to a choice between 2 New Yorkers again John, I will vote for Trump in that event.
Ugh.. what a ridiculous thing to do. I knew he was courting the latino vote, but I'm not a fan of breaking the law to do that.
Seems as though some people put illegal aliens above US citizens.
I wonder what their motivation really is?
For the same reason he went to Puerto Rico. He is courting the Latino vote for a run at the presidency.
Courting or pandering?
In politics those are one in the same.
Ah.
I thought courting voters is what my side does, and pandering is what the other side does!
LOL!