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Public Testimony

Whitney Bronstein of Immigrant Defense Project testifies on DOC and NYPD gaps

New York City Council · Sep 22, 2026 · starts 1:46:45 · 2 min 22 sec

Whitney Bronstein of Immigrant Defense Project says DOC has allowed ICE to detain New Yorkers from Rikers without judicial warrants and misreads the statute on convictions. She says NYPD reporting compliance is good but non-reporting elements and 911 call incidents remain unaddressed, urging passage of the Trust Act and Intros 395 and 396.

Member of the Public - Whitney Bronstein

Good morning and thank you to the Committee on Immigration and Chair Encarnacion for holding this hearing.

Member of the Public - Whitney Bronstein

My name is Whitney Bronstein.

Member of the Public - Whitney Bronstein

I am Senior Attorney for Community Defense at the Immigrant Defense Project, which is an organization focused on fighting for justice for all immigrants, including those targeted by the criminal and immigration legal systems.

Member of the Public - Whitney Bronstein

Executive Order 13 has taken critical steps in auditing city agencies and their compliance with local laws around communication and collaboration with ICE.

Member of the Public - Whitney Bronstein

However, I would like to highlight key issues yet unaddressed by the report which have undermined due process and caused irreversible harm to New Yorkers.

Member of the Public - Whitney Bronstein

First, the Department of Corrections is squarely prohibited by our laws from transferring New Yorkers to ICE custody absent a judgment of enumerated conviction for one of the 178 laws within our very serious crimes carve-out and a judicial warrant.

Member of the Public - Whitney Bronstein

However, DOC has routinely allowed ICE to show up at Rikers to detain New Yorkers directly from their cells without a moment of freedom, without a judicial warrant, under a mythical distinction that they are not honoring a detainer but solely communicating with ICE.

Member of the Public - Whitney Bronstein

Communication that is not obligated for them to do and has the effect of separating families on the precipice of being reunited.

Member of the Public - Whitney Bronstein

Additionally, under Statute 9131, as well as DOC's own 2019 operations order, when DOC is considering honoring a detainer, convictions of relevance are those that precede the instant arrest.

Member of the Public - Whitney Bronstein

DOC has long misinterpreted this to allow them to take into account

Member of the Public - Whitney Bronstein

charges flowing from the instant arrest, which can include people who have no conviction at all, certainly not ones that precede the current incarceration that they're experiencing.

Member of the Public - Whitney Bronstein

This is the basic misreading of this.

Member of the Public - Whitney Bronstein

statute that must be addressed.

Member of the Public - Whitney Bronstein

Second, I'd like to address the report's recommendations regarding the NYPD.

Member of the Public - Whitney Bronstein

It was great to hear from the committee and from Commissioner Ali earlier this morning that NYPD is up to date on its reporting and compliance with those requirements under our local law 10-178.

Member of the Public - Whitney Bronstein

However, non-reporting elements of that section have not been

Member of the Public - Whitney Bronstein

addressed, such as the use of resources or taking direction from the Department of Homeland Security, primarily in furtherance of immigration enforcement, were not addressed.

Member of the Public - Whitney Bronstein

With regard to 911 calls, we heard earlier this morning about the way in which reporting requirements have been implemented by the OMPD, which is great to hear.

Member of the Public - Whitney Bronstein

However, incidents such as the May 2026

Member of the Public - Whitney Bronstein

rate at the Wyckoff Medical Center continue to occur.

Member of the Public - Whitney Bronstein

We need recommendations that address actions, not solely reporting.

Member of the Public - Whitney Bronstein

For this reason, we urge the Council to pass the New York City Trust Act and the not yet reintroduced bills 395 and 396 to ensure that our laws are enforced in order to protect the rights of immigrant New Yorkers.

Member of the Public - Whitney Bronstein

Thank you.