"The DOC has violated city law and our client's rights, Fiorenzo said during testimony to the New York City Board Correction at its Jan. 13 hearing. As a result of this unlawful transfer, our client is now detained out of state, separated from counsel and family, and effectively beyond the reach of meaningful legal advocacyThis is precisely the harm that [the law] was designed to prevent: the extrajudicial transfer of people in city custody into federal immigration detention without judicial oversight and due process."
"For the DOC to transfer a person directly to ICE custody, the department must have a judicial warrant to do so and the person must be convicted of one of approximately 200 violent or serious crimes, according to the DOC's own policies and the city's detainer law, which has been in place since 2014. While the man was convicted of one of those crimes, DOC did not have the proper warrant to transfer him, Fiorenzo said."
An individual was transferred directly from Rikers Island to ICE custody on Dec. 1, 2025, without a judicial warrant. The Department of Correction lacks the legally required warrant for such a transfer even though the person had been convicted of one of the offenses listed under the detainer law. A DOC release form documents the direct handoff to federal immigration authorities. The person is now detained out of state, separated from counsel and family, and effectively beyond meaningful legal advocacy. Natalie Fiorenzo testified about the unlawful transfer at a New York City Board Correction hearing on Jan. 13.
Read at www.amny.com
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