Did NYC disregard sanctuary policy by turning convicted migrant over to ICE?

A Venezuelan migrant assaulted two NYPD officers during a brawl in Times Square in January 2024. He was previously released by local law enforcement for time served but is now in Immigration and Customs Enforcement (ICE) custody after a detainer was issued for his arrest.

New York City is a sanctuary city, and local law enforcement is generally prohibited from honoring ICE detainers under sanctuary laws. However, according to ICE , a detainer was issued for this noncitizen, and New York City officials honored the request, raising questions about the city's sanctuary policies.

Darwin Andres Gomez-Izquiel was one of several migrants arrested following the Times Square assault. He was released without bail but was later taken into custody after a robbery at a Macy's department store in Queens. Gomez-Izquiel was incarcerated on Feb. 15 and sentenced to 364 days in jail, one day short of a year, allowing him to qualify for early release, which he did after serving three-quarters of his sentence.

According to ICE, Gomez-Izquiel was arrested "pursuant to an ICE detainer and warrant of arrest." In a press release announcing his capture , ICE explained that an immigration detainer is a request for local law enforcement to notify them before a removable noncitizen is released from custody.

Detainers request that local law enforcement maintain custody of the noncitizen for up to 48 hours beyond their scheduled release, enabling ICE to assume custody for removal purposes.

There has long been debate over ICE's requests for local law enforcement to hold noncitizens for federal officials to arrest them for deportation. ICE argues that this is critical for public safety, facilitating a smooth transfer of noncitizens arrested for criminal activity into ICE custody.

However, sanctuary city policies, like New York's, urge cities not to honor ICE detainers except in cases involving violent or serious felonies, claiming such practices erode trust in immigrant communities and asserting that local law enforcement lacks authority to make immigration arrests under federal law.

Over the summer, New York City Mayor Eric Adams called for changes to the city’s sanctuary laws in light of the ongoing migrant crisis. He advocated for collaboration between local and federal officials in deporting immigrants who commit crimes. However, the decision to amend the city’s sanctuary policies rests with the City Council, which has yet to consider the mayor’s proposals for changes.

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