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NY Post
New York Post
5 Feb 2024


NextImg:ICE blames NYC refusing to cooperate with feds for release of cop-beating migrants

Lefty-leaning New York laws that ban cooperation with federal immigration officials are partly to blame for ICE being powerless to stop the migrants accused of jumping two NYPD cops from skipping town, officials griped Monday.

Kenneth Genalo, the director of US Immigration and Customs Enforcement’s Big Apple field office, ripped the city for not adhering to “detainers” — a system that calls for the feds to be notified by local law enforcement when non-citizens are arrested on criminal charges.

“We want to help. The problem is, due to city policies and state law, cooperation is no longer afforded between NYPD and ICE,” Genalo said at a press conference alongside a bipartisan group of local pols.

“There’s hundreds of people a week that are being arrested throughout the city and we can’t determine which are the most violent.”

Genalo spoke out as the local lawmakers — led by US Rep. Nicole Malliotakis (R-Staten Island) — urged Mayor Eric Adams and the City Council to reverse the current laws and policies so migrants accused of crimes can be easily deported.

Kenneth Genalo, the Big Apple’s field office director for ICE’s enforcement and removal operations, said laws that ban the NYPD from cooperating with federal immigration officials are partly to blame for the migrant mob who jumped two cops now being on the run. G.N.Miller/NYPost

Their appeal comes off the back of six migrants being charged over the beatdown of two NYPD officers near Times Square on Jan. 27. Five of them were slapped with assault and obstructing governmental administration charges last week and released without bail — with at least four of them allegedly then high-tailing it out of the city.

Genalo said the current laws that limit the NYPD’s cooperation with the feds — including adhering to the detainer system — meant he and other immigration officials only found out about the recent ordeal through media reports.

“Unfortunately, a lot of the way that we have to do our intelligence at ICE is the same way that you find out about cases — it’s through the media. We’re no longer called [by the NYPD],” the ICE official said.

Then-Mayor Bill de Blasio signed a bill into law in 2014 that barred the NYPD from working with federal immigration officials when they are seeking to boot dangerous migrants from the US.

Then, in 2018, he took it a step further by issuing citywide guidance and new NYPD protocols to codify the Big Apple’s policy of not cooperating with the feds’ immigration enforcement activities.

Six migrants have been charged over the caught-on-camera beatdown of two NYPD officers near Times Square on Jan. 27. DCPI

“We used to have a unit that sat in Riker’s Island that worked hand-in-hand with NYPD. The prior administration at the time kicked the unit out of Riker’s Island so we no longer have a presence there,” Genalo said.

“Basically anyone that was foreign-born was vetted by my staff, the immigration officers, to determine whether or not they were amenable to removal proceedings. If they were, we took custody of them and we placed them in removal proceedings.”

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With cops not having to honor the detainers’ system due to the local laws — coupled with the Big Apple’s bail reform legislation — Genalo said immigration officials often have to waste time hunting down arrested asylum-seekers to weigh if they should be booted out.

“Once they’re back in the community, we have to then go look for them,” he said of the migrants released without bail in the Times Square cop-beatdown.

Local lawmakers — led US Rep. Nicole Malliotakis (R-Staten Island) — on Monday urged Mayor Eric Adams and the City Council to reverse the current laws and policies so migrants accused of crimes can be easily deported. G.N.Miller/NYPost

“Instead of being able to take custody of these individuals in the confines of a jail or in the confines of a precinct, we now have to go out into the community and the streets where unfortunately the criminals have the upper hand,” he said.

Malliotakis, too, ripped the city for not honoring ICE’s detainer requests.

“This past fiscal year, ICE issued 109 detainer requests for individuals who are dangerous, that committed crimes in our city, and zero have been honored by the City of New York. The previous fiscal year, ’22, 157 detainer requests, and again, zero were honored by the City of New York,” the congresswoman said.

“And the number of detainer requests have gone down significantly under the Biden administration. At the end of the Trump administration, in the fiscal year ’21, there were 1485 detainer requests. And again, zero were honored by the City of New York.”

Gov. Kathy Hochul, has called on the alleged cop-beating migrants to be rounded up and deported.

Mayor Eric Adams, meanwhile, insisted Monday his hands were tied under the current legislation.

“I cannot use city resources based on the existing law. It is a question that should be presented to the council how do they want to move forward on this issue,” Hizzoner said at an unrelated press conference.

“This bill was passed by the city council. I know my role and I share with the office what my views are and use my power either to veto or whatever actions are to support bills, but this is a city council bill that was passed.”