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Following the release of an alleged criminal illegal immigrant after an arraignment in Yates County Court, Congresswoman Claudia Tenney is again calling on New York State leaders to take action.
According to the Yates County District Attorney’s Office, the defendant was charged for allegedly possessing a fake Social Security Card and a Permanent Residency Identification Card. District Attorney Todd Casella told Finger Lakes Daily News that even though it is extremely improbable that the defendant would ever return to Yates County to answer these charges, under New York State law, they could not set bail on him.
Rep. Tenney blames the illegal immigrant from the Dominican Republic’s release on 2020 guidance issued by New York State Attorney General Letitia James, despite having a Federal Homeland Security Detainer for the defendant.
According to Rep. Tenney, 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,” said Rep. Tenney.
“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 Tenney.
