Department of Homeland Security Assistant Secretary Tricia McLaughlin blasted New York Governor Kathy Hochul on Monday, accusing the state of releasing 6,946 criminal illegal aliens back onto city streets since January while refusing to honor ICE detainers. McLaughlin warned that another 7,169 criminal aliens remain in New York City jails and could soon walk free under sanctuary policies, despite convictions for violent crimes, including homicides, assaults, sexual offenses, robberies, and drug trafficking.
On Monday, Assistant Secretary McLaughlin called out the governor in a social media post on X, saying, “Under @KathyHochul, New York has refused to honor @ICEgov detainers and RELEASED back onto New York’s streets 6,947 criminal illegal aliens since January 20.” McLaughlin went on to list the crimes committed by the illegal aliens who were released onto the streets rather than being handed over to ICE agents as requested. The crimes included 29 homicides, 2,509 assaults, 207 sexual predatory offenses, 199 burglaries, 305 robberies, 392 dangerous drug offenses and 300 weapons offenses.
As reported by Breitbart News, McLaughlin told Fox News that more than 7,000 criminal illegal aliens remain in New York City Jails that may also be released due to the state’s sanctuary policies. In a social media post by McLaughlin early Monday, she chided New York City officials, saying, “New York City sanctuary politicians need to STOP playing politics and start protecting their citizens. We’re seeing a revolving door of justice.”
McLaughlin was critical of other sanctuary jurisdictions that are refusing to honor ICE detainers, adding, “These criminal illegal aliens are exiting the jails and going back onto New York, Chicago, or these other sanctuary streets to re-perpetuate their crimes.”
McLauglin’s jabs at state leaders will likely fall short of having the desired impact without significant changes to New York state officials’ stance on cooperating with ICE. Legal guidance issued by New York State Attorney General Letitia James to law enforcement agencies clearly discourages cooperation and limits the sharing of information with ICE in almost all circumstances.
On the New York State Attorney General’s website, local authorities are encouraged to enact local laws and policies that limit participation in immigration enforcement activities. The guidance reads, “The purpose of this guidance is two-fold: (1) to describe the legal landscape governing the participation of local authorities in immigration enforcement; and (2) to assist local authorities in New York State by offering model language that can be used to enact local laws or policies that limit participation in immigration enforcement activities.”
Insofar as the honoring of immigration detainers, the advice given discourages any cooperation with ICE that reads, “A detainer is a request, and there is no legal obligation for a local law enforcement agency to detain an individual on such a detainer. An administrative warrant issued by ICE often accompanies detainers. An administrative warrant is prepared and issued by federal immigration authorities and directs federal officials to arrest a noncitizen for removal or removal proceedings. It is not a judicial warrant.
Information sharing with ICE is also discouraged under the guidance provided by New York Attorney General Letitia James. The guidance on information sharing provided states, “This guidance recommends that, unless presented with a judicial warrant, LEAs should not provide sensitive information that is not generally available to the public, such as information about an individual’s release details or home address.”
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X @RandyClarkBBTX.
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