Governor Andrew Cuomo has issued an ultimatum to officials of Immigration and Customs Enforcement (ICE) in response to repeated raids by the agency in the state of New York. Cuomo sent a cease-and-desist letter on April 25, 2018, warning ICE that its practice of conducting raids on state property will require a full judicial warrant rather than the administrative warrants previously used by ICE agents in these cases. If ICE violates these new terms, Cuomo’s letter threatens to “explore and pursue all available legal recourse” against the agency.
Judicial vs. Administrative Warrants
The requirement that ICE officials obtain judicial warrants rather than administrative warrants may have a significant impact on the speed with which they can conduct raids and pursue those suspected of entering the country illegally or remaining here as undocumented workers.
- The administrative warrants used by ICE only require the signature of an immigration official.
- Judicial warrants, by contrast, must be signed by a judge and require ICE to present evidence of probable cause.
Cuomo cited the “reckless and unconstitutional” actions of ICE in recent months to justify his decision to require the higher degree of evidence for raids within the state of New York.
A Defiant Response from ICE
The acting director of ICE, Thomas D. Homan, responded to the letter by accusing Cuomo of grandstanding and insisting that the agency will not change its practices. This is in line with previous communications from ICE officials and reflects the agency’s continuing hard-line approach to immigration enforcement in New York and throughout the U.S. In some cases, undocumented individuals have been denied access to a New York immigration lawyer and have been detained and deported within a very short time after their initial arrests.
Protecting the Rights of New York Residents
Working with a qualified New York immigration lawyer can provide added help in dealing with issues relating to visas and legal status in our area. These experienced and knowledgeable legal professionals can provide the support and representation needed to ensure the best outcomes for immigrants and their families.
Immigration Lawyer in New York
At Pozo Goldstein, our New York immigration lawyers can provide the most assertive and effective representation for your case. Our team includes two former immigration prosecutors and a former judge. Because we bring experience from both sides of the legal aisle, we can provide you with the right services and representation to protect your legal rights. Call us today at 212-201-9031 to schedule a free in-office consultation with us. We look forward to the chance to help you achieve your own version of the American dream.