1-day solution to halt deports
ALBANY — Advocates for immigrants are headed to Albany on Tuesday to convince state lawmakers that a difference of one day in New York law can spare thousands from deportation.
The advocates — led by the Fortune Society and the Immigrant Defense Project — are holding a rally at the Capitol to urge passage of the One Day to Protect New Yorkers Act, which would reduce the maximum sentence for a Class A misdemeanor from 365 days to 364.
Such a change is needed, they argue, because under federal immigration law, an immigrant convicted of a crime that carries a sentence of a year or more faces automatic deportation. “There is a real urgency,” said Alisa Wellek of the Immigrant Defense Project. “The Trump administration has made clear that its agenda is to deport as many people as possible, and they have made it clear they are targeting sanctuary cities like New York.”
Wellek said most of the people convicted on these charges are for minor offenses like shoplifting or turnstile jumping and don’t deserve to be deported.
Even if they don’t serve the maximum sentence, the fact they were convicted of a crime that carries a year sentence still subjects immigrants to deportation, Wellek added. She estimated about 9,000 legal immigrants plead guilty to such misdemeanors each year in the city and face possible deportation.
“We are not talking about people who are murderers or rapists,” said bill sponsor state Sen. Marisol Alcantara (D-Manhattan). “These are people who have committed minor offenses.” The bill passed the Assembly in previous years but died in the GOP-controlled Senate. A spokesman for Senate Majority Leader John Flanagan (R- Suffolk County) did not respond to a request for comment. Conservative Party Chairman Michael Long said the law should not be changed. “Before one commits a crime, one should consider the consequences of that crime,” he said. Wellek said it’s unlikely the bill will pass this year, but said advocates hope to build support in anticipation of a change in Senate leadership after November’s elections.