Oversight - The Department of Investigation’s Reports on Agency Compliance with Sanctuary-related Local Laws.

This document is a briefing paper for an oversight hearing on the New York City Department of Investigation's (DOI) reports concerning agency compliance with sanctuary-related local laws. The hearing will focus on the NYPD and the Department of Correction (DOC) and their adherence to laws that limit cooperation with federal immigration authorities and protect New Yorkers' privacy.

Key Findings from DOI Reports:

• Department of Correction (DOC): DOI found that DOC officers violated sanctuary laws by sharing information with federal immigration authorities on two occasions, leading to the arrest of individuals who did not meet the criteria for transfer under city law. DOC accepted all seven of DOI's recommendations for improvement, including enhanced training and guidance on interacting with federal immigration authorities.
• New York Police Department (NYPD): DOI investigated five incidents involving the NYPD. It found one instance where an NYPD officer violated policy and city law by sharing information with federal immigration authorities that was used for civil immigration enforcement. DOI made seven recommendations to improve NYPD policies and procedures, all of which the NYPD accepted. These include updating procedures for responding to detainer requests, providing additional guidance on determining the nature of federal requests, and improving record-keeping and reporting.

Specific Incidents Highlighted:

• Merwil Gutiérrez Flores: A 19-year-old with no criminal history was transferred from NYPD custody to the FBI and then to ICE, leading to his deportation. DOI found the NYPD's actions consistent with its policies and local law, though questions remain about the transfer after prosecution was declined.
• Leqaa Kordia: The NYPD shared sealed arrest record information with DHS for a money laundering investigation, which was later used in her deportation case. DOI found no violation of laws or policies at the time, as the request was framed as a criminal investigation, but the NYPD has since updated its policy to require dialogue to determine if information is for immigration enforcement.

Broader Concerns:

The report also touches on historical context of sanctuary laws, past attempts to allow ICE on Rikers Island, and concerns about potential ongoing access to city data by federal agencies. The committees will question DOI and the agencies on their compliance, reporting, and training related to these laws.