How shoplifting led to deportation
A look at a case in Rotterdam and how it fits into New York's immigration debate
Two undocumented immigrants who were arrested in Rotterdam this spring for shoplifting now face deportation, an illustration of how the consequences for low-level criminal charges are amplified when police cooperate with federal immigration agents.
Michel Garcia-Rojas and Maria Duque-Muriel were detained in the Schenectady suburb under the federal Laken Riley law for an alleged crime which, in New York, would normally result in an appearance ticket. They’re being held at upstate jails, and Duque-Muriel has been separated from her three-year-old child. Garcia-Rojas had a violent altercation with federal agents and faces up to 20 years in prison
The pair came to the Capital Region after illegally crossing the southern border in recent years– two of the more than 230,000 people who have passed through New York, prompting extraordinary measures that have cost billions. Donald Trump pointed to that record level of illegal immigration during his campaign for a second term, and Garcia-Rojas and Duque-Muriel are now caught up in the Republican president’s mass deportation effort.
As I reported this week in Gothamist and other public radio stations in New York, their case is one of several recent incidents fueling an ongoing debate about immigration among Democrats who control New York’s government. You can listen to the radio version of the story in that link.
Progressive lawmakers and groups are advocating for a bill that would restrict how local police officers – like those in Rotterdam – can communicate with ICE. They say police shouldn’t be involved in immigration violations, which are a civil matter, and argue that the fear of arrest will prompt immigrants to hide from officers if they are the victims of crimes.
“If we have a federal government that is hell-bent on leading with cruelty instead of love, then we don't need to help them. In fact – we have a responsibility to resist,” said Assemblymember Amanda Septimo, a Bronx Democrat who supports the New York for All Act.
Republicans in Washington and Albany are pushing back against those kind of sanctuary policies. They say any crime committed by an undocumented immigrant is a crime that shouldn’t have occurred.
“I broke through the back door and now while I'm a guest at your home, I'm going to vandalize your home. I'm going to trash your home. I'm gonna steal the silverware,” said State Sen. Andrew Lanza, a Republican from Staten Island. “To me, there's a particular sort of egregiousness.”
The state Senate concluded its annual lawmaking session early Friday without taking up either bill. And nobody I’ve spoken with expects the Democrat-dominated Assembly to hold a vote on it before they adjourn this week.
This shows the tough spot Democrats are in when it comes to immigration. Still. You may remember that I hosted two podcasts last year – reporting from Long Island and Pennsylvania – on the same topic. Trump and Republicans ran on this issue and won full control of the federal government, which has kept Democrats playing defense.
On Thursday, New York Gov. Kathy Hochul sat alongside JB Pritzker of Illinois and Minnesota’s Tim Walz to be grilled about sanctuary policies by the GOP-controlled House Oversight Committee. Read my full article on the hearing here.
Republicans questioned Hochul about undocumented immigrants who were arrested for high-profile crimes, including a Turkish man accused of raping a teenager in Albany and a Guatemalan man arrested for lighting a woman on fire in the subway system.
U.S. Rep. Elise Stefanik, a North Country Republican who is considering a gubernatorial run, mentioned each alleged perpetrator by name and asked Hochul if she was familiar with them.
Hochul replied she was not.
“These are high-profile cases – New Yorkers know about them and you don't,” Stefanik said.
“These are horrific crimes, and they're heartbreaking,” Hochul replied.
“They're horrific crimes that are committed on your watch. You signed this executive order on your first day in office, you signed it again and again this January,” Stefanik continued. “We deserve a governor who stands up for law-abiding New Yorkers.”
“Rather than going after the viral moment, I suggest you look at the facts,” Hochul replied. “We cooperate with ICE.”
Hochul has re-upped an executive order, first enacted in 2017, which sets out rules for the State Police and other agencies in dealing with U.S. Immigration and Customs Enforcement. The order generally prohibits most state employees from asking about a person’s immigration status unless it’s necessary to determine whether someone is eligible for a state program or benefit or if the state employee is legally required to ask.
“The America I believe in is a nation of laws and a nation of immigrants,” Hochul testified. “Abandoning either threatens the very foundation on which this great country was built.”
Pushed about the New York For All Act by GOP U.S. Rep. Mike Lawler, Hochul declined to say whether she would sign or veto it. “I have no confidence it will pass,” she said.
For the time being, she’s right.
THE QUESTION: Early voting in primary elections started this week and there are major contests in New York’s major cities. So give me your predictions and/or hopes: Who will be the next mayors of New York City, Buffalo and Albany?
Have an answer? Drop me a line at jimmy.vielkind@gmail.com. Or just write with thoughts, feedback or to say hi.
THE LAST ANSWER: The last lieutenant governor to challenge their running mate was Betsy McCaughey Ross, who unsuccessfully ran against George Pataki in 1998. Some eagle-eyed readers noted the question said “who appointed them.” Since running mates are selected by not appointed, a strict read of the question means the answer is … Delgado. But I wasn’t trying for trick wording this time!