For 13 years now New York City has maintained a policy prohibiting
city agencies from revealing immigration-related information to federal
authorities, including to the Immigration and Naturalization Service,
unless a person is suspected of a crime. While seeming to shield
immigrant residents from wrongful questioning, Bloomberg's Executive
Order reverses several crucial provisions, including the current
prohibition of the Police Department on sharing with the federal
government non-criminal confidential information about New Yorkers.
Council
Member John Liu, a prime sponsor of Monserrate's bill, stated,
"Unfortunately, Executive Order 34 is a wolf in sheep's clothing. It
appears to take a positive step forward by restricting the unnecessary
questioning of immigration status by city workers. However, it is, in
fact, a dramatic step backward because it now allows the Police
Department to share such information with federal authorities."
Council
Member Hiram Monserrate, a former Police Officer, declared, "I can
attest to the fact that there is already fear by many of the immigrants
to access city services and especially to cooperate with law
enforcement. Such reluctance results in crimes going unreported and
unsolved. In a city that is 40% foreign-born, we need a comprehensive
'don't ask, don't tell' policy that protects immigrants' right to access
services and ensures our city's safety."
Monserrate's
bill enjoys wide support within the City Council: 33 members have
already signed on, including the 2 members representing largely
Caribbean constituencies. Commented Council Member Yvette Clarke, "It's
important that within immigrant communities, such as my district, New
Yorkers be assured that they can access essential city services - such
as fire and police protection, health care, services for victims of
domestic violence - without fear that personal information will be
disclosed."
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Council
Member Dr. Kendall Stewart remarked that one of the reasons the
Executive Order is so detrimental is that it would drive and even larger
wedge between immigrants and the police - particularly at a time when,
in his community, they are trying to build bridges. "Instead of helping
to lessen feelings of mistrust and misgiving had by so many immigrants
toward the police, it would heightens them," he said.
There is also great support among civil and immigrants' rights
advocates. For instance, Anthony Miranda, President of the National
Latino Officers' Association, announced at the press conference, "We
support Monserrate's bill. Over the years we have worked closely with
the immigrant community. What this Executive Order does is make them
afraid to continue to cooperate with us. It chases away the very people
who have assisted us in our law enforcement activities. It is counter
productive. It will end up shutting out an entire community and allowing
illegal activities to grow."
Moises Perez, Executive Director of Alianza Dominicana, pointed out
that permitting the police to report to the INS is a door that once it
is opened, gets wider and wider, and we all end up relinquishing more
and more of our civil liberties.
Monica Tarazi, Director of the New York Chapter of the American-Arab
Anti-Discrimination Committee, commented that in her community there is
a very real fear of being targeted for unfair treatment and selective
enforcement of immigration laws. "On a daily basis, when I try to
encourage people to report acts of discrimination against them to law
enforcement agencies, I'm confronted with fear. But with this Executive
Order, I can't tell them that it's safe to step forward and report
crimes against them without worry that their immigration status will be
reported. We desperately need legislation like this bill being
introduced by Hiram Monserrate to protect confidentiality."
Muhammad Rafi from the Council of Pakistan Organizations said that in
their community they've already lost 20,000 people. "This is going to
cause more people to leave this 'land of the free.' It is so ironic that
they came to this country for freedom and now they're fleeing to Canada
or going back home."
Deputy Majority Leader Bill Perkins noted that Bloomberg's Executive
Order appears to have been designed to accommodate Washington and its
efforts to fight terrorism. "The implication is, therefore, that New
York City's immigrant community is a hotbed of terrorism," he stated.
"We're very concerned about any legislation that would suggest such a
thing about any community, especially the immigrant community. We cannot
live in fear of terrorism and tailor legislation to emphasize that fear
and take away the civil liberties and civil rights of New Yorkers no
matter who they are."