New York Gov. Andrew Cuomo issued a cease and desist letter to federal immigration authorities Wednesday calling for an end to what he says is its unconstitutional enforcement actions, warning he will pursue legal recourse if Immigration and Customs Enforcement agents fail to do so.
Cuomo, a Democrat, sent the letter to Immigration and Customs Enforcement Acting Director Thomas Homan raising concerns about recent arrests and sweeps conducted by agents in New York.
“The tactics deployed by agents under your leadership have become increasingly reckless and reflect a serious disregard for the rule of law,” Cuomo wrote. “As reflected in news reports and individual accounts, the irresponsible, and in many cases, illegal conduct of members of your agency is eroding trust in the foundations of our communities, threatening the sanctity of our public institutions, and unnecessarily stoking terror among law-abiding residents under the guise of promoting homeland security and public safety.”
In his letter, Cuomo cited several examples in which immigration agents entered private property and arrested people with a warrant and without identifying themselves.
In one example, dairy farmer John Collins of Rome, N.Y., was handcuffed by immigration agents last week after the farmer discovered they were on his property and questioning a farm worker. Collins reportedly approached the agents to find out what was happening and attempted to film the encounter with his cellphone. Cuomo said the agents did not have a warrant to be on the property and failed to identify themselves.
Collins was subsequently handcuffed, and the agents threatened to arrest him.
The farm worker questioned by immigration officials, Marcial DeLeon-Aguilar, was deported three times and has felony convictions for reckless aggravated assault and illegal re-entry, according to ICE.
Cuomo also cited the actions of agents in Staten Island who showed up at a private residence to arrest one person, but found the person was not there. The agents subsequently arrested five others without identifying themselves or producing warrants.
“Families are terrified to send their children to school, attend medical visits, or go to work,” Cuomo wrote.
The final example raised by the New York governor involved the “practice of apparently targeting immigrants who have publicly disagreed with your agency’s practices and have built and lead communities who bear the brunt of the harm caused by them.”
Ravi Ragbir, an immigrant rights activist from Trinidad and Tobago, was detained in January and is facing a final deportation order. But ICE said Ragbir is a convicted felon.
Cuomo said this targeting is a “direct strike at the core of our democracy.”
“In New York, the guarantees of the Constitution actually mean something,” he wrote. “They protect private property owners operating businesses and protect the safety of their families and employees. They protect our communities and institutions so that our residents feel safe taking their children to school, sick family members to the hospital, or contacting local law enforcement for help when they need it.”
“And they protect the marketplace of ideas, the cornerstone of our democracy, so that all New Yorkers can think and speak freely without fear that opinions and ideas that differ from those espoused by your administration will not make them targets for your politically motivated arrests and deportations,” Cuomo continued. “Your actions run counter to your stated mission, and to federal and state law.”
The New York governor did not detail what legal remedies he would pursue if ICE does not alter its actions.
Cuomo’s letter comes a week after immigration officers arrested 225 people for violating federal immigration law during a six-day operation conducted in New York.
According to ICE, more than 180 of those arrested were either convicted criminals or had charges pending against them. More than 80 were issued a final order of removal but remained in the U.S., or were deported but returned.
Homan said in a statement Wednesday he was “disappointed” to hear about Cuomo’s letter and said the governor was “grandstanding” over the issue of immigration enforcement.
“The governor’s comments were inaccurate and an insult to ICE’s sworn law enforcement officers who conduct their lawful mission professionally and with integrity,” Homan said. “These brave men and woman leave the safety of their homes everyday to protect this great nation and our communities. ICE cannot and will not cease and desist from fulfilling our agency’s congressionally mandated mission of enforcing federal law.”
