Alena Shautsova, New York Immigration Lawyer, Comments on New NYC Legislation Restricting Enforceability of ICE Detainers

Immigration and Customs Enforcement (ICE) has power to detain and remove persons without valid immigration status. Most of the cases are referred to ICE by local agencies. New York City decided to stop this practice by adopting legislation limiting the cooperation between NYC agencies and ICE.

Alena Shautsova, New York Immigration Lawyer, Comments on New NYC Legislation Restricting Enforceability of ICE Detainers
Brooklyn, NY, November 18, 2014 --( On November 14, 2014 NYC Mayor Bill de Blasio signed local legislation, Instructions 486-A and 487-A, which will come into effect within 30 days, that change the current connection between NYC agencies, including detention facilities, and ICE. The new law will also terminate the presence of ICE at Riker’s Island and all City facilities. See

According to Ms. Alena Shautsova, Brooklyn based Immigration attorney, “Mayor’s action is a response to the lack of action by the Federal government on Immigration reform. While it has only local effect and will be enforced in five boroughs, nevertheless, it is an important step to prevent blanket removal of NYC longtime residents whose only fault was lack of ‘status.’ Some jurisdictions already opined that state detention facilities were without power to enforce ICE detainers, and to hold a person after the State judge’s order’s expiration time is in violation of the person’s rights. Without the legislation, the person’s only recourse was to apply for judicial relief from the enforcement of the ICE detainers: papers that demand from the local detention centers to hold the person for ICE to take him/her into their custody.”

Ms. Shautsova further stated that “Removal of ICE from NYC agencies will mean that ‘undocumented’ persons in City detention facilities will no longer be afraid to post bail. It is so because now the Riker’s will honor ICE detainer only if (1) ICE provides a judicial warrant as to probable cause, and (2) the individual in question has been convicted of a violent or serious felony within the last five years, or is a possible match on the terrorist watch list.” “This new development will help to unite families and change the dynamic of the removal cases and deportation enforcement in NYC. It will also save judicial resources as will reduce the need of habeas corpus hearings for those fighting the legality of ICE hold.”

Alena Shautsova is a principal at the Law Office of Alena Shautsova, a full service Immigration Law Firm helping non US citizens to overcome Immigration challenges. The author can be reached via and at 917-885-2261.
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