NYPD chief of patrol wants NYC to change sanctuary city laws to allow collaboration with ICE
NEW YORK – NYPD Chief of Patrol John Chell wants New York to change its sanctuary city laws.
Immigration advocates say New York's sanctuary city laws are designed protect migrants and also encourage them to cooperate with police if they are victim or witness to a crime, but some, including Chell, argue the current laws are allowing some dangerous criminals to avoid deportation.
Migrants arrested for alleged involvement in Coney Island rape
This all comes after two migrants were arrested for their alleged involvement in the rape of a 46-year-old woman in Coney Island, Brooklyn. Police said one suspect was recently released from jail in June after he was arrested for raping someone in a city shelter last year.
"When that case was adjudicated, his next step should've been on a bus or a plane and removed from our city," Chell said.
On Tuesday, Mayor Eric Adams called the Coney Island case despicable and expressed frustration over the current laws.
"Laws do not allow us to coordinate with ICE. That's the law. And, you know I'm not happy about that. And I think he's the poster child of what's wrong with not doing that coordination," Adams said.
"You commit a violent crime, there's gotta be consequences for it"
Chell says New York's sanctuary city laws should be amended to allow the NYPD to collaborate with ICE when a migrant is convicted of a violent crime.
"Most of them are here for the American dream, but there's a small portion that are not ... We don't care what your status is – you commit a violent crime, there's gotta be consequences for it," he said. "We're just looking for local government to maybe make that adjustment to those laws to really– at the end of the day, this all falls under the banner of keeping people safe."
ICE field office director Kenneth Genalo spoke to CBS News New York's Jennifer Bisram in July.
"If we are not cooperating and the sanctuary policies do not allow NYPD to cooperate with my staff, so then how are we able to keep the community safe?" he said.
Criminal defense attorney Robert Osuna has extensive experience with clients in immigration proceedings and said while police and ICE can work together in some cases, the laws limit it dramatically.
"They're not supposed to notify ICE unless there's a judicial warrant on the individual. That person wouldn't have a judicial warrant with immigration because immigration wouldn't become aware of that offense," he said.
Adams said he plans to talk to party leaders at the Democratic National Convention next week about issues that include immigration, public safety and affordability.
CBS News New York reached out to Legal Aid, the Immigration Coalition and the NYCLU, and all declined to comment.