THIS IS A VENEZUELAN MIGRANT WHO ASSAULTED TWO NYPD OFFICERS DURING A TIMES SQUARE BRAWL IN JANUARY.
HE WAS ALREADY RELEASED BY LOCAL LAW ENFORCEMENT FOR TIME SERVED –
BUT IS NOW IN ICE CUSTODY AFTER ICE ISSUED A DETAINER FOR HIS ARREST.
NEW YORK CITY IS A SANCTUARY CITY –
AND USUALLY UNDER “SANCTUARY LAWS” –
LOCAL LAW ENFORCEMENT IS PROHIBITED FROM HONORING ICE DETAINERS –
BUT ACCORDING TO ICE –
THEY DID ISSUE A DETAINER FOR THIS NONCITIZEN –
AND NEW YORK CITY OFFICIALS HONORED THE DETAINER REQUEST –
RAISING QUESTIONS OVER THE CITY’S SANCTUARY POLICIES.
“DARWIN ANDRES GOMEZ-IZQUIEL” WAS ONE OF SEVERAL MIGRANTS ARRESTED AFTER THE NEW YORK TIMES SQUARE ASSAULT ON OFFICERS.
HE WAS RELEASED WITHOUT BAIL –
BUT ENDED UP BACK IN CUSTODY AFTER A ROBBERY AT A MACY’S DEPARTMENT STORE IN QUEENS.
GOMEZ WAS LOCKED UP ON FEBRUARY 15TH –
AND SENTENCED TO 364 DAYS IN JAIL –
ONE DAY SHORT OF A YEAR WHICH ALLOWS SUSPECTS TO QUALIFY FOR EARLY RELEASE –
AND GOMEZ DID –
SERVING THREE-QUARTERS OF HIS SENTENCE.
ACCORDING TO ICE –
THEY ARRESTED HIM “PURSUANT TO AN ICE DETAINER AND WARRANT OF ARREST.”
ICE SAYING IN A PRESS RELEASE ANNOUNCING GOMEZ’ CAPTURE –
“An immigration detainer is a request from U.S. Immigration and Customs Enforcement to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody.
Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing (ENFORCEMENT AND REMOVAL OPERATIONS) ERO to assume custody for removal purposes.”
THERE’S LONG BEEN DEBATE OVER ICE’S REQUESTS FOR LOCAL LAW ENFORCEMENT TO HOLD NONCITIZENS SO FEDERAL OFFICIALS CAN ARREST THEM FOR DEPORTATION.
ICE SAYS ITS CRITICAL FOR PUBLIC SAFETY BECAUSE OF THE EASE OF TRANSFERRING A NONCITIZEN ARRESTED FOR CRIMINAL ACTIVITY TO ICE’S CUSTODY.
BUT SANCTUARY CITY POLICIES – LIKE NEW YORK’S – “URGE CITIES NOT TO HONOR ICE DETAINERS EXCEPT IN CASES INVOLVING VIOLENT OR SERIOUS FELONIES.”
CLAIMING THEY ERODE TRUST IN IMMIGRANT COMMUNITIES –
AND POINT TO LOCAL LAW ENFORCEMENT NOT HAVING AUTHORITY TO MAKE IMMIGRATION ARRESTS UNDER **FEDERAL IMMIGRATION LAW.
OVER THE SUMMER –
NEW YORK CITY MAYOR ERIC ADAMS –
CALLED FOR CHANGES TO THE CITY’S SANCTUARY LAWS DUE TO ITS MIGRANT CRISIS.
ADAMS CALLED FOR **COLLABORATION BETWEEN LOCAL AND FEDERAL OFFICIALS IN DEPORTING IMMIGRANTS WHO COMMIT CRIMES.
BUT THE DECISION TO AMEND THE CITY’S SANCTUARY POLICIES –
IS LEFT UP TO THE CITY COUNCIL.
SO FAR IT HAS NOT TAKEN UP THE MAYOR’S PROPOSALS FOR CHANGES.
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