DOI finds NYC DOC official tipped off feds, violating sanctuary-city rules
Investigation cites two unwitting violations and prompts training and policy updates across the department
New York City officials said a Department of Correction employee violated sanctuary-city rules by tipping off federal immigration authorities about inmates who were set to be released, according to a Department of Investigation report released Thursday. The 68-page document found that a DOC investigator, who was not identified, relayed information to U.S. Immigration and Customs Enforcement about releases, and even provided a screenshot of a detainee’s file to Homeland Security Investigations. The report described the actions as 'unwitting' and in violation of city law that bars cooperation with federal immigration enforcement for civil deportation cases and of DOC policy.
DOI investigators identified two instances in which city resources were used to aid federal immigration enforcement. In November, the investigator told ICE that Pedro Mujica Villa Nueva, described as an illegal immigrant charged with assault and grand larceny in Queens, was being held at Rikers Island. In December, the investigator provided ICE with a screen shot of Villa Nueva’s correction report that included his photo and court information. The chronology shows that on Feb. 5, the investigator 'assisted' federal agents as they took another detainee, Cristian Concepcion, into custody; Concepcion was in the country illegally, had been convicted of third-degree assault, and was due to be released.
DOI Commissioner Jocelyn Strauber said the actions violated city law and DOC policy prohibiting the use of city resources to facilitate federal immigration enforcement. 'New York City law and DOC policy do not allow city resources to be used for the purpose of facilitating the enforcement of federal immigration law, and that prohibition includes the sharing of information with our federal enforcement partners for that purpose,' Strauber said. The report noted that in at least two instances a correction investigator acted 'unwittingly' and that the department failed to provide proper guidance and training.
The Department of Correction acknowledged the breach and outlined steps to address it. Officials said the department has reinforced sanctuary-city requirements for correction staff and is establishing protocols for engaging with federal immigration authorities. 'The department has already taken affirmative and concrete steps to implement this recommendation,' a DOC statement read. 'The department will continue to explore opportunities for training personnel, including incorporating these modules into recruit and promotional academy curricula.'
The DOI’s findings come amid ongoing debates over sanctuary-city policies and the proper balance between local enforcement and federal immigration goals. The agency’s 68-page report emphasizes the importance of clear guidelines and training to prevent future disclosures of information that could assist federal immigration enforcement, while the DOC maintains its commitment to operating within the city’s sanctuary framework.