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NY City Council Pushes for More Immigrant Rights

By Evan Mantyk
The Epoch Times
Dec 08, 2004



IMMIGRANT AFFAIRS: Commissioner of Immigrant Affairs Guillermo Linares (L) and City Councilmember Miguel Martinez (R) at a hearing of the New York City Council Committee on Immigration.(Evan Mantyk/Epoch Times)
NEW YORK—Thirty-six percent of New Yorkers are foreign-born, according to the U.S. Census Bureau. Many of them are illegal or “undocumented” immigrants, doing the menial jobs that U.S. citizens often won’t. In a hearing of the committee on immigration the New York City councilmembers pushed to further accommodate illegal immigrants in New York.

One of the main initiatives the council is pushing for is a way for illegal immigrants to get some type of identification that will allow them to operate as normal members of society. Now, illegal immigrants often have difficulty opening bank accounts and cashing checks, and as a result often carry around large amounts of cash, making them susceptible to theft.

They also have difficulty obtaining library or video rental cards, gaining entrance to government buildings, driving cars, obtaining copies of marriage, birth or death certificates, or entering facilities or buying products that impose a minimum age requirements.

Consul General of Mexico in New York, Arturo Sarukhan said providing immigrants with identification would be mutual beneficial, “It will permit them to come out of the shadows and to continue contributing to the economic growth and ethnic vitality of this great nation.” New York consulates currently offer identification cards to nationals from their countries, but such cards have limited power.

The need for people to have identification has become especially pressing since the 9-11 terrorist attacks, in which the hijackers were found to have used 63 drivers’ licenses, despite their status as illegal immigrants. Now, New York’s DMV has been cracking down on illegal immigrants with driver’s licenses.

Mayor Michael Bloomberg has no current plans to create an ID for illegal immigrants, said Commissioner of Immigrant Affairs Guillermo Linares.

Also on the agenda for the meeting was the passing of Resolution 240-A, which urges the New York State legislature to require courts to advise defendants facing felony, misdemeanor or violation charges that a plea of guilty may result in deportation, exclusion from admission or denial of naturalization.

“People are taking pleas only to learn later that the punishments they agreed to are greater than what they anticipated,” said chair of the immigration committee Kendall Stewart.

Under New York State law, which will expire next year if not extended, judges are required to tell defendants about the risk of pleading guilty to a felony, but there are no requirements that immigrants must be told they may face the same fate if convicted of a misdemeanor or violation.

One example often cited is that of Andre Venant, a permanent resident living in the United States for over 20 years, who was arrested three times for selling swipes on a subway Metrocard and evading fares. After his third arrest, he pleaded guilty to receive a shorter sentence. He was convicted of “moral turpitude,” and was detained in Louisiana for six months while his deportation was being processed. Venant said he was unaware of that pleading guilty could get him deported. With the assistance of an attorney, Venant received a cancellation of deportation and was able to remain in the United States.

Sweeping changes to immigrant-related laws have resulted in detention, denial of citizenship and the deportation of tens of thousands of immigrants. Others have been prohibited from re-entering the United States. In 1986, fewer than 2,000 immigrants were deported due to criminal convictions. This number rose to nearly 37,000 in 1996, exceeded 79,000 in 2003 and is expected to climb even higher in the coming year, according to the committee.

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