Rosa Cohen-Cruz of Bronx Defenders testifies on DOC sanctuary violations
Rosa Cohen-Cruz of Bronx Defenders says she has testified repeatedly about sanctuary violations by DOC, NYPD, and ACS. She welcomes EO 13 but says DOC misreads the statute by transferring people with certain convictions without a judicial warrant and by counting instant-arrest convictions.
Good morning, Chair Encarnacion.
My name is Rosa Concruse, and I'm the Director of Immigration Policy for the Bronx Defenders.
I've testified before this council alongside many of the same people right here and my immigrant justice colleagues about half a dozen times over multiple years about persistent violations of our city's sanctuary laws,
particularly on the part of the Department of Corrections, NYPD, and in at least one instance, ACS.
We welcomed and were encouraged by Mayor Mumdani's early action by issuing EO-13 and auditing compliance with our laws.
Some of the findings were shocking to us, especially the finding that the Department of Corrections had been sending a daily list of non-citizens with BSC conditions to ICE despite that not being required by law.
And we are glad to hear that that practice has been discontinued.
However, as we have been testifying about for many years, we are really concerned about the Department of Corrections reading of the statute and their belief that they are in compliance, even though it goes against the clear
text of the plain reading of the statute itself.
Particularly, they're reading that they are allowed to transfer custody of individuals with VSC convictions without a judicial warrant.
And they're reading that conviction qualifies even if it is the instant arrest.
Neither of those come part with the plain reading.
of the statute and this council should, or this administration should update their guidance, but also this council needs to pass legislation to make sure that the department is being held accountable,
as well as the other agencies named in the audit.
We need lasting legislative solutions, not just executive action, even though we are very grateful to see it happen.
And there are three bills that we've continued to come back to this council about.
One is Intro 209, the Immigrant Trust Act.
The other is Intro 395 and 396.
All of which address accountability for following the sanctuary laws and would fix the loopholes in existing laws.
Thank you.
Thank you.