Tenney Condemns New York State Guidance that Led to the Attempted Release of Alleged Criminal Illegal Immigrant in Yates County, Calls on Schumer to Pass Laken Riley Act

Penn Yan, NY, This morning, an arraignment was held in Yates County after an illegal immigrant from the Dominican Republic was charged with a Class D Felony for possession of forged instruments. Local officials were not allowed to hold him under 2020 guidance issued by New York State Attorney General Letitia James, despite being in possession of a Federal Homeland Security Detainer for this illegal immigrant. Without the dedicated work of our federal immigration authorities, this dangerous individual would be loose in our community. The guidance states:

• An individual cannot be re-arrested after a case is dispensed based on an administrative detainer from ICE.
• An individual’s release cannot be delayed if their sentence is complete or bail is posted or they are released on their own recognizance until immigration authorities arrive.
• An individual’s detention cannot be extended during a roadside stop until federal immigration authorities arrive.
• Excessive administrative delays, such as in bail processing, based on an administrative detainer from ICE.
• State and local law enforcement cannot stop a person based solely on suspicion of a civil immigration violation.

 “Under Joe Biden, Kathy Hochul, and Letitia James, every NY-24 community is a border community. Coupled with their dangerous pro-criminal Bail Reform, New York State Democrats are now trying to release dangerous criminal illegal immigrants back into our community despite having a Homeland Security detainer. This reckless, dangerous guidance makes our communities less safe and further hampers law enforcement’s ability to protect New Yorkers. Thank goodness for our dedicated Immigration and Customs Enforcement agents who were able to arrest this dangerous criminal before his release. Detaining criminal illegal immigrants is the only way to prevent another American citizen from being killed by an illegal, like Laken Riley. With record staffing shortages at the Northern Border and the ongoing Biden Border Crisis, I am fearful future criminal illegal aliens will slip through the cracks and fuel the ongoing crime surge in New York. I am calling on Senator Schumer to take up the Laken Riley Act, which would ensure that illegals with Homeland Security detainers are actually detained. I am also calling on Kathy Hochul and Letitia James to immediately repeal this misguided rule and hold criminals and illegal immigrants accountable,” said Congresswoman Claudia Tenney.

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