New York Attorney General Takes Action to Protect Immigrant Communities

New York Attorney General Letitia James has taken a critical step to protect vulnerable immigrant communities in Rochester by filing an amicus brief in the U.S. District Court for the Western District of New York. The brief argues that Rochester's "sanctuary city" law, which limits local authorities' involvement in federal immigration enforcement, is constitutional and essential for keeping communities safe. The law, enacted in 1986 and updated in 2017, allows local law enforcement to focus on addressing local public safety priorities, such as fighting crime and reducing gun violence, rather than diverting resources to federal immigration enforcement.

Key Takeaways:

  • The New York Attorney General's office has filed an amicus brief in support of Rochester's "sanctuary city" law, arguing that it is constitutional and essential for keeping communities safe.
  • The law limits local authorities' involvement in federal immigration enforcement, allowing local law enforcement to focus on addressing local public safety priorities.
  • Studies have repeatedly indicated that greater involvement of local law enforcement in immigration enforcement makes immigrant communities less likely to interact with police, and more likely to become victims of crime or other exploitation.
  • Other research has concluded that immigrant community members often refrain from seeking vital local services, including health care services, when they fear that local officials could report them to immigration authorities.
  • Imposing federal immigration priorities on already strained local officials can detract from local needs, according to the Attorney General James.
  • The law was enacted in 1986 and updated in 2017, and it does not limit cooperation between local and federal authorities on criminal matters.
  • The brief argues that the 10th amendment reserves police power to states and their localities, and that the law helps keep New Yorkers safe by encouraging individuals in immigrant communities to report crimes, serve as witnesses, and seek critical medical care or social services without fearing deportation.
  • The enactment of the law was influenced by the former Rochester police chief, who understood the importance of avoiding diverting scarce resources and time away from the community's public safety priorities.
  • The Attorney General James has been a national leader in fighting to protect and defend immigrant communities, including joining coalitions to defend essential legal services for unaccompanied immigrant children and supporting the American Civil Liberties Union's lawsuit challenging the federal government's use of unlawful immigration enforcement tactics.

Statistics:

  • Since the enactment of Rochester's "sanctuary city" law in 1986 and the update in 2017, there have been no reported instances of the law being preempted by federal law.
  • In April, the U.S. Department of Justice (DOJ) filed a lawsuit against Rochester, arguing that the city's law is unconstitutional because it is preempted by federal law.
  • According to studies, greater involvement of local law enforcement in immigration enforcement makes immigrant communities less likely to interact with police, and more likely to become victims of crime or other exploitation.
  • Other research has concluded that immigrant community members often refrain from seeking vital local services, including health care services, when they fear that local officials could report them to immigration authorities.

Sources:

  • Office of the New York Attorney General
  • U.S. District Court for the Western District of New York
  • The New York Times
  • Politico
  • News10NBC
  • Time Magazine
  • American Civil Liberties Union (ACLU)
  • U.S. Court of Appeals for the First Circuit