Res. No. 276
Title
Resolution calling upon the New York State Legislature to pass and the Governor to sign legislation introduced by Assembly Member Aravella Simotas, A.06447, which would make it an E felony to report the immigration status of a crime victim or witness with the intent to harass, intimidate, or cause harm or legal consequences, including deportation
Body
By Council Member Menchaca
Whereas, Perpetrators of crime and domestic violence have long used the threat of exposing an individual's lack of lawful immigration status as means of controlling and silencing immigrant crime victims and witnesses; and
Whereas, In 2017, the Washington Post reported that U.S. Immigration and Customs Enforcement (ICE) agents arrested a domestic violence survivor seeking an order of protection at a Texas courthouse after allegedly receiving information about her immigration status from her abusive partner; and
Whereas, Upon being arrested by ICE, the survivor was placed in immigration detention and now faces deportation while her abusive partner remains free; and
Whereas, El Paso County Attorney Jo Anne Bernal stated that it was the first time in her 23-year-long career at the courthouse that ICE agents made their presence known during a protective order hearing; and
Whereas, Advocates believe this incident signals a broader change in immigration enforcement policy and that such change will surely be exploited by perpetrators of crime, keeping countless immigrant victims and witnesses from engaging with the criminal justice system; and
Whereas, The New York State Penal Law currently prohibits the intimidation of a crime victim or witness through the use of harassment, physical violence, or the threat of violence, but does not address intimidation caused by the actual or threatened reporting of a victim or witness's immigration status; and
Whereas, New York State Assembly Member Aravella Simotas introduced A.06447, which w...
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