 |
By Claudia Zequeira |
New York, Sept. 18, 2003: On September 17th, Mayor Michael Bloomberg signed an executive order that prohibits New York City agencies-among them the New York City Police Department [NYPD]-from inquiring into the immigration status of individuals and from sharing such information with federal agencies.
Executive Order 41 replaces a previous law that was passed in May-Order 34. Under that law, the NYPD had the right to ask any person, including witnesses and victims of crimes, their immigration status, and it also had the right to divulge the information to the federal authorities.
The new law specifies that agencies offering public services, among them schools and hospitals, cannot report the immigration status of a person who comes to solicit their services, nor can such agencies ask questions pertaining to immigration status.
Only agencies that provide services for which the eligibility of an individual is based on their legal status-as in the case of the public benefits system-can continue to ask a person about their immigration status.
However, the police will reserve the right-as in the case of the previous law-to inquire into the immigration status of an individual, and report this information, if there is any suspicion that this individual has been involved with criminal activities.
Moreover, the new order guarantees the confidentiality of individuals who reveal their sexual orientation, are victims of domestic violence or sexual assault, are witnesses to a crime, and those who receive public assistance. It also protects all the information that is included in income tax returns.
Surrounded by representatives from organizations that defend immigrant rights, Bloomberg signed Executive Order 41 in the Mayor's Office.
"Historically, the city's commitment to our immigrant residents has meant more than just words. It has also meant services," said Bloomberg, before signing the order. "That longstanding policy is alive and well today. And the reason is simple: what's good for the city's immigrants is good for the city."
The Mayor's decision to establish specific legal guidelines to clarify the policies with which city agencies must comply was the result of a compromise with the City Council and immigration advocacy groups. Led by Councilman Hiram Monserrate [D-Queens], the City Council waged a battle [against Executive Order 34] which began last May, when the now-abolished order was passed.
Yesterday, Monserrate referred to the passage of Order 41 as a victory: "It's something very positive, especially for [members of] the Latino community, because the order guarantees that city employees won't be able to report their immigration status."
Margie McHugh, director of the Immigration Coalition, a group that represents 150 organizations that defend the rights of recently arrived immigrants, said that Bloomberg's new policy was "sound.... because it affirms that the only way to protect our city's health and safety is to assure that New Yorkers feel secure when interacting with government employees."
Theoretically, Bloomberg could face legal battles if the federal government, which has changed its immigration policy as a result of the terrorist attacks of September 11, decides that the new law gives the city too much autonomy.
Scott Rosenberg, a lawyer from Legal Aid Society who participated in the negotiations to amend the old order, said that Order 41 was one of the most liberal and revolutionary laws in the country.
According to figures from the 2000 Census, 35.9 percent of the population of New York City was born outside of the country.