immigration Subscribe to RSS - immigration

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, August 12, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

Administrative Code § 9-131 limits when the Department of Correction (“Department”) may honor immigration detainer requests by holding a person beyond the time when they would otherwise be released, and also limits the use of Department property and use of time or resources to disclose certain information to federal immigration authorities except in certain limited circumstances. The Department may honor detainers by holding a person beyond the time when they would otherwise be released only when federal immigration authorities present a judicial warrant for detention of a person and the person to whom the detainer pertains has been convicted of a violent or serious crime, as defined under Administrative Code § 9-131(a)(7), or is identified as a possible match in the terrorist screening database. In addition, the Department may disclose to federal immigration authorities certain information regarding persons convicted of a violent or serious crime or identified as a possible match in the terrorist screening database.

Administrative Code §§ 9-131(a)(7)(v) and 14-154(a)(6)(v) allow the Department to promulgate a rule, in consultation with the police department, to add additional crimes to the definition of “violent or serious crime” if those crimes are felonies that were codified or amended by the state legislature after the enactments of §§ 9-131 and 14-154 and if they involve violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons.

After consultation with the New York Police Department, the Department is proposing the following rule to add seven Penal Law offenses to the definition of “violent or serious crime.”

These offenses were codified by the state legislature after the enactments of Administrative Code §§ 9-131 and 14-154 and involve violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons. The offenses are:

  • Aggravated labor trafficking, Penal Law § 135.37
  • Patronizing a person for prostitution in a school zone, Penal Law § 230.08
  • Aggravated patronizing a minor for prostitution in the third degree, Penal Law § 230.11
  • Aggravated patronizing a minor for prostitution in the second degree, Penal Law § 230.12
  • Aggravated patronizing a minor for prostitution in the first degree, Penal Law § 230.13
  • Sex trafficking of a child, Penal Law § 230.34-a
  • Coercion in the second degree, Penal Law § 135.61

Adoption of this proposed rule will add the above offenses to the definition of “violent or serious crime” in Administrative Code §§ 9-131(a)(7), 14-154(a)(6), which limits when the Police Department may honor immigration detainers by holding a person beyond the time when they would otherwise be released, and  9-205, which limits when the Department of Probation may honor immigration detainers by holding a person beyond the time when they would otherwise be released.

Subject: 

The NYC DOC will hold a public hearing on the proposed rule.

Location: 
125 Worth Street
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, January 12, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

In 2000, Congress passed the Victims of Trafficking and Violence Prevention Act to encourage victims regardless of immigration status to report crimes and contribute to investigations and prosecutions and to support law enforcement efforts to investigate and prosecute crimes committed against immigrant victims. The law authorized U nonimmigrant status (“U visa”), which can be sought by immigrant victims of certain crimes who previously assisted, are currently assisting, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. The U visa is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement. To be eligible for a U visa, immigrant victims must satisfy several federal statutory requirements, which include a completed law enforcement certification (USCIS Form I-918, Supplement B). Under the law, local law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a certification. The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing certifications and supporting immigrant victims of crime who are helpful in investigations or prosecutions. However, USCIS has sole authority to grant immigration benefits, including the U visa. Therefore, an approved and completed certification by the NYPD does not guarantee a U visa or any legal immigration status. The NYPD is proposing the following rule to inform the public about the NYPD’s U visa certification process. The rule: • Directs the manner by which applicants may request U visa certifications, • Provides a timetable within which the NYPD will process such requests, and • Specifies the appeals process for denials of such requests. New material is underlined [Deleted material is in brackets.] “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

Police Department U Visa Certification Proposed Rule

Location: 
Auditorium
One Police Plaza First Floor
New York, NY 10038
Contact: 

NYPD Legal Bureau - 646-610-5400

Download Copy of Proposed Rule (.pdf):