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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, October 06, 2014

New York’s Sensible Immigration Shift

New York Times (Editorial)
October 3, 2014

The New York City Council is about to take a welcome step toward more sensible and constitutional immigration policies. Its speaker, Melissa Mark-Viverito, plans to introduce two bills next week to limit the city’s cooperation with federal authorities in jailing immigrants and to remove federal immigration agents from Rikers Island.

The first bill has to do with “detainers,” requests to hold suspected immigration violators in jail for up to 48 hours until federal agents can come and get them. In many places these requests, issued by Immigration and Customs Enforcement, are honored as a routine matter, turning states and localities into a key link in the federal deportation pipeline. Under Ms. Mark-Viverito’s bill, the Police Department and the Department of Correction would stop honoring detainers unless there was a judge’s warrant and the detainee had been convicted of a violent or serious crime or was on a terrorist watch list.

The bills stem from the realization that misplaced enforcement has been more effective at destroying families than at upholding a sane, humane immigration system and the rule of law. As federal courts have recently held, detainers pose the constitutional problem of imprisoning people without cause; they are not arrest warrants, just administrative requests to hold people who may or may not be immigration violators. And many detainees are minor offenders or noncriminals, not a danger to society.

As President Obama’s administration has ramped up deportations, to well over two million since he took office, a growing number of states and localities have decided to opt out of the dragnet. They have decided the cost — in damage to immigrant communities and families, in undermining their own policing and the literal expense of housing detainees — is too great.


If New York reforms its detainer policies — and Mayor Bill de Blasio has said he supports the proposals — it will join a national groundswell. Because Congress and Mr. Obama continue not to repair immigration laws that are broken and unjust — bipartisan reform is still dead, and Mr. Obama’s promise of executive action is still just talk — states and cities are realizing they want no part of this system’s cruelest failures. It’s past time that New York City joined them.

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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