Hold the political correctness presses, please.
This is not the Trump Admin. deliberately and unilaterally abrogating international law out of spite, or separating children of refugees from the parents, and treating them inhumanely, in order to pander to the xenophobe vote by terrorizing non-criminal victims of oppression in Central America. This is a legitimate branch of the federal government, exercising legitimate authority to enforce laws against lawbreakers.
Whether the use of force was excessive in this case may be very rightly questioned, but the fundamental authority of immigration authorities to arrest people based on a clear suspicion of law violation has been standard policy for many decades. Do not tarnish the much-needed reporting of the many actual abuses of the Trump Administration by trying to turn a non-example into one.
76
@Sage They came for my neighbor. I didn't look like my neighbor, nor was I from the same tribe, country, or religion, so I said nothing. When they came for me, there was no one left to speak for me. And why is his employer walking about free, free to hire and entice another person to commit an illegal act? Free to pay someone under the table? Free to pay substandard wages? Why doesn't ICE target those who hire without proof of legal residency?
30
@GL
Why invent hypothetical circumstances rather than pay attention to the plain stated facts in the article?:
The arrestee had "previously been deported in 2011 after pleading guilty to an assault charge."
If his employer (mentioned nowhere in the article) is guilty of violating the law then by all means let the press investigate and report. But even if such hypotheticals are true (which would not be a surprise) that does not change the "guilty" conclusion of 9 years ago to "innocent," nor does it excuse an already deported illegal alien resisting detainment for his second illegal entry.
Making this case into some kind of cause celebre for the vast majority of immigrants who do not commit crimes or resist law enforcement officers is a pure gift to the Re-elect Trump campaign. Kindly find some more worthy cause (there are more than enough) to protest against that administration over.
9
@Sage It doesn't state what kind of assault. A fight between equals could be considered an assault, if one of the adversaries retaliates by calling the law; a bar fight could also be considered an assault; or if the other party started the altercation, law enforcement might not arrest the other party but would focus on one's legal status as an alien. Too many variables here to consider one way or the other, but his employer hiring illegal aliens, and I'm sure he wasn't the only one on that job site, is not disputable.
1
Convicted of assault, deported, and then returns illegally.
If Mr Hernandez was home in Mexico — you know, as he was legally supposed to be — this never would have happened.
The real issue, of course, is why Democrats and ‘progressives’ insist on encouraging and enabling this type of dysfunction.
102
I am the son of immigrants who always respected the laws and built community. But illegal immigration is a problem for NYC.
We should support the police and ICE. Its common sense they work together. And the employers of illegal workers should be prosecuted.
Immigrants are hard working people.
Mayor De Blasio is hardly at work. I don't see why anyone takes him seriously.
57
I'm generally pro-immigrant, to a point. No, as others have commented, everyone can't come live in the USA.
But this hombre was here illegally, convicted of assault, and then snuck back in, again illegally?
Deport him, and his family. Otherwise, what's the point of even pretending to have laws, on immigration or otherwise?
Although there is an irony of this taking place under a POTUS and administration, to say nothing of a GOP Senate, who seem to think certain laws, customs, and norms don't apply to them. Only to their sworn enemies.
19
A violent convicted criminal was arrested. Deport him. Those that supported his illegality should be prosecuted.
22
Do ICE and the president mean to deport and just release in their country of origin people like the man who allegedly raped and murdered the woman in Queens? If they are dangerous here, surely they would be dangerous in their home country. Wouldn't this be a case of trying the person here.? Or at least handing the person into custody in their home country?
1
If the stable genius Trump is for something, I’m for whatever he’s against. Hang in there, New York, and tell the pretenders in Washington, the fake Trump, pretend government, to take a hike.
Anything is bigger and better than Donald Trump.
5
Enforcing immigration policy is the responsibility of the federal government, not that of the states or the cities. If every time an undocumented person was either a victim of a crime or a witness to one and came forward and was threatened with arrest, law enforcement would have their jobs made even more difficult.
Local police and prosecutors would rather cities and states declare themselves sanctuaries so that real criminals can be punished without victims and witnesses being threatened with deportation for coming forward.
Nowhere in this article did I read that ICE had gotten a signed warrant from a judge for the arrest of Mr. Avendano. Rather, they tried to take him in without even saying they were federal agents, at first. Had they bothered to get a warrant, the fact that NY is a sanctuary city would not have prevented his arrest. Additionally, ICE shot a legal visitor, who had his hands up, in the face.
ICE = Gestapo and these kinds of actions do nothing to change that perception.
5
The Democrats’ cheerleading and advocacy, ad nauseam, on behalf of of illegal immigrants over the best interests of the American citizenry is the reason my family will be voting the opposition for the first time in 40 years.
The brazen exploitation of our porous borders, our public welfare services, our schools, hospitals, and birthright citizenship laws by millions of illegal foreign nationals...year after year, at a cost to American taxpayers in the $Billions... has reached the breaking point. Enough!
32
Please cite factual proof of how this is breaking our economy- more than the overwhelming tax breaks Donald Trump gave to billionaires. And please leverage the figures against the income taxes many of these people pay.
7
@Reva Cooper
We have over 20 million illegal aliens residing in our country. Who do you think pays the cost per child for their offspring to attend our public schools. Who pays their subsidies if they were born here?
Who do you think absorbs the cost of their visits to our hospital emergency rooms?
How do illegal aliens pay taxes? With stolen social security numbers? How many are paid under the table? How many blue-collar Americans are negatively impacted by having to compete with illegal aliens who will work for rock-bottom wages?
23
@Susanna, your comment doesn’t seem credible. First, NO Democrat is for “open borders” that’s a far-right-Breitbart talking points. Secondly, we, Democrats DO want fair and just immigration laws problem is that Republicans refuse to compromise or even come to the table! The politics of bigotry seem to draw bigots to vote for Republicans! FYI: number one issue for Americans? HEALTHCARE!
5
As a Republican I am always happy to see the Democrats advocate for illegal alien criminals. It is a total winning issue for the the Republicans in the upcoming election and can be used against Democratic Party candidates at all levels of government.
I do admire the special agents of Immigration and Customs Enforcement for having the bravery to carry out their duties in such a hostile environment in Brooklyn, NY. However, I forget that this is an area that traditionally is committed to crime and criminals, whether it is La Cosa Nostra (Mafia), the Crips and the Bloods or the World War II Communist Party cells in Brooklyn Heights.
Today's criminal "de jour" is the illegal alien criminal, assiduously protected by the Democratic Party establishment of New York City. Democrats please keep supporting criminals in sanctuary cities and receive the condemnation of the rest of the United States.
22
Your impression of Brooklyn sounds based on films from 50 years ago like “The French Connection.” Statistically, New York is one of the safest cities in the country, and factually is the most visited- 67 million tourists last year and growing by 1 to 2 million a year. And Brooklyn is a very much on the tourism route, with magnificent architecture, restaurants and performing arts. Come see!
Could these be residual feelings over the fact that Democrats now control Virginia?
14
If a person sneaks into a country illegally and commits crimes, is the country not allowed to deport him? Incarceration costs money and why keep him?
The people ICE is looking for tend not to be innocent Esmereldas taking sanctuary in Notre Dame.
During the arrest process, it does not do for family members to try to interfere.
An illegal immigrant who does not run afoul of the law keeps his head down and stays. At least that's something we can live with.
19
First reaction: Great. The Schutzstaffel has come to New York. Everyone start sowing your identification patches onto your jackets.
Second reaction: I think we're witnessing a bureaucratic blame game.
"You didn't give us a detainer!"
"Well, you refused to accept one!"
And so on.
ICE shot a theoretically innocent young man in the face. That looks bad regardless of your feelings over Avendaño. I'm sure ICE officers are currently receiving top notch medical treatment for mosquito bites and rug burn. Meanwhile, the 26 year old son was shot through the hand and face. I wonder who is going to suffer longer lasting harm.
ICE is trying to control the optics by blaming New York. New York is telling them in a New York whisper to go... well, you don't need to know. ICE shouldn't have been there in the first place. That's NYPD jurisdiction.
5
Undocumented immigrants are low hanging fruit. The GOP and Trump both benefit from having them as bogeymen to instill fear and loyalty in their constituents. Small wonder that despite all their bellicose and alarming talk, they spend very little time trying to work on a better immigration policy to address the issues of undocumented people coming into our country and they only once in a while punish the businesses that employ them.
All the money and effort exerted on their border wall, knowing full well that the wall will cause uproar and objections as they tread on environmentally fragile, culturally sacred land, and/or personal property, all issues that have nothing to do with immigration but are still valid reasons to object to a wall being built in some places. They know the wall will not do a lot to stem the tide of people coming into the country illegally or anything to stem the flow of people wanting asylum. But the uproar and objections help keep the wall in the news, and give them air time to continue making their alarming comments and attacking liberals.
They don’t care about actually solving the problem, and you’re foolish if you think they do and if this is the reason you support them despite the rest of their bad behavior.
7
I wish the readers complaining about the invasion of illegal workers would have read the following: "A city report issued in January showed that ICE arrests of people in the New York City area had risen under Mr. Trump, and arrests of people without criminal convictions had increased 292 percent from 2016 to 2019." Arrests of people without criminal convictions rose 292% since Trump moved in to the WH. Without criminal convictions: 292% increase. Read the story to the end before you all start chanting the Fox talking points you have memorized. I want to know, how many businesses have been fined for hiring these undocumented workers, thus inviting them to keep coming, to replace those lost to ICE? Nobody says anything about that. Trump's own resort has had illegals on the payroll, and what happened to him, his managers, the corporation that owns the resorts? Oh, never mind.
5
This article intends to make me have sympathy with the protesters and family of the man here illegally, with a criminal record. So, does the NYTimes and progressive party now called Democrats want me to believe it's okay to come here illegally, to re-enter after being deported, and commit crimes in my country with no repercussions? Do they want me to side with most current dem candidates that claim entering illegally should not be a crime?
Well, it didn't work. This man deserves to be sent home; should never have been here after being deported the first time. And if the Dems continue to pander to open borders, I will never vote Dem again; sorry I did in 2018.
32
@Ma, I’ve read your comments before, you are no Democrat!
3
Trump spreads his racist, anti-immigrant hate around N.Y. ICE agents harassing immigrants in NY only happens because Trump wants to show NYC that HE is in charge. The country is a less kind and compassionate place with Trump as head. Vote him and his bigoted ideas out!
4
It is not hate to want illegals out and borders protected. It is why we have laws
21
@SLD
Yes, let’s be more kind to criminals, lawbreakers, and people who attack the police.
14
Let!s be even nicer to those neo-Nazis who marched through Washington DC this week. They are a result of the Trump administration.
2
"He planned to seek approval to stay in the country because he fears for his safety if he returns to Mexico"
And some Obama appointed liberal judge will hear this bogus concern and stay his deportation.
Ha Ha Ha - fears for his safety while he drives around w/ fake license plates, assaults another person, gets deported twice. Heck life is good in the US, when you get nothing but a slap on your wrist w/ Blasio, Cuomo, Pelosi, AOC and the likes having your back. What a scam show is being run here in the biggest most guilty sanctuary city of all - NY. It was my home once. Sad!
30
It is time to bring ICE under control. Quite frankly I believe that New York State should file charge of attempted murder and assault with at deadly weapon against the ICE agent who committing this assault.
3
Many people look at this individual incident through too narrow a lens. Just about every citizen in the U.S. has been and is complicit in the "immigration problem." Every time a person has gone to the grocery store over the last 100 years and has bought fruit and vegetables and meat at good prices they have been complicit in the "immigration problem."
Every time Trump and all of his fellow businessmen have hired undocumented construction workers or hotel maids or maintenance workers, and every time each of us has stayed in a hotel or motel at a cheap price we have been complicit in the "immigration problem."
Don't lie to yourself. Trump had undocumented workers working in his resorts for decades. He's a liar and his supporters are refuse to see what's true, namely all the benefits that have accrued to Trump and to themselves from undocumented workers. They have all received substantial benefits from undocumented workers. Put down that apple in your hand that you're about to eat if you're going to be honest about your "concerns." Don't go to that restaurant that you like so much where the dishwashers are undocumented workers if you're going to be honest with yourselves.
Instead of being a hypocrite start becoming a thoughtful person, a person who takes the time to read about possible solutions for a very complex problem that won't be solved by slogans or guns.
9
I don't know a single democrat who wants totally open borders. Just another LIE told to you buy the most criminal and corrupt politicians this country has ever seen.
This guy probably did all the work, and got paid garbage, for some contractor living in a mansion and driving a custom, red, monstrosity of a truck.
I've known six people who were undocumented. Half PAID TAXES where the EMPLOYER got them a social security number that was not in use so they could exploit cheap labor. The US gladly accepted their taxes. They all spoke ENGLISH. They committed NO CRIMES. Some TRIED TO BECOME CITIZENS and got ripped off by lawyers in the process. They represented six different countries, only one was from Latin America, Argentina.
They came in LEGALLY and just didn't return when they were supposed to. One sought ASYLUM at the border, which was legal. They worked 7 days a week and supported multiple people with jobs we didn't want.
Stop scapegoating them and blame your government, namely wealthy, old, white, men who destroyed the middle class since the '70's just to get rich. Manufacturing and tech jobs outsourced to exploit cheap labor, cheap labor brought in to work for garbage wages, small businesses pushed out by giants who pay no taxes, and abuse courts, to get away with paying the people they owe, laundering and hiding their money in other countries, and helping other countries, even enemies, to launder theirs here.
Take responsibility and stop scapegoating!
7
Seems to me, it would be less risky and far more effective in the long term to arrest and fine the people who knowingly employ illegal immigrants.
10
Unbelievable! ICE believes that it is incapable of doing its job because someone else (NYC) won’t do it for them. Then they shoot a guy in the face and blame that on NYC not doing their job for them. Everything President Whites Only touches turns into a health and safety management debacle that is always someone else’s fault.
3
This man is a felon. It is a felony to re-enter the USA illegally after a deportation.
It's time to call those who defend such felons what they are: Accomplices to felons. And there is a criminal category to that: Aiding and abetting a fugitive. The crime of aiding and abetting can rise to a felony level. The liberal notion that we should help illegals is wrong. These are criminals.
26
It seems like this is an issue that our government just doesn't care to solve. If e-verify was required for all employers, with stiff penalties for lack of compliance, wouldn't that stem the tide of illegal immigration? I think that the vast majority of these undocumenteds are here to make a life for themselves and if they couldn't get a job here the issue would become how do we set up a immigration system to fill these jobs.
10
It's pretty disconcerting to hear that. "...[a] new law allows undocumented immigrants in the state to obtain driver’s licenses while blocking the Department of Homeland Security from gaining access to state motor vehicle data." This goes to fairness, rule of law, and yes, even national security. These sanctuary city policies will help re-elect Trump all the while continuing to support business owners who profit from their labor.
19
Having a huge number of undocumented people afraid to interact with public safety services and administrative services leads to anarchy which does immediate harm to lots of citizens.
1
NYC has a very well trained and effective police force. This man had been arrested by them and was likely facing a court date. As a part-time resident of NYC, I’m wondering why ICE was involved. His past conviction was for a misdemeanor. Why wasn’t this left to the NYC court system to adjudicate? And if ICE had such an immediate problem with him, why weren’t the NYC police properly notified?
ICE appears to be stepping on other jurisdictions toes, not communicating their intent, and using extreme and unnecessary measures.
Everyone deserves their day in court. And, in this case, it should have been the NY court system.
New York is wise enough to determine a person’s immigration status, his/her criminal record, and the appropriate action.
ICE is not...not properly trained and obviously not wise enough to use de-escalation techniques. In this case, it appears it was they who escalated the situation.
There are many immigrants among us here...legal and illegal. Most work, pay taxes and follow the law. Just like native born Americans. Most of us welcome them as fellow New Yorkers.
What we need is a well thought out immigration policy...not the seat of the pants, hasty, retaliatory,cruel and, in some cases, illegal mess we have now. ICE is simply part of a larger problem.
5
Imagine 30 Million undocumented immigrants gone, whoosh, just like that. Do you think that would cause a minor disruption in the economy? To businesses? To schools? What we have is a leader who says there can’t be any such people in this country and who yet has been found to employ those very same illegal immigrants in his own hotels and casinos. Disingenuous. But by now we know the Donald is above the law.
8
@Valerie Wells
Imagine the freed up spaces that would grant. Hospital ER's no longer overwhelmed. Housing available for all at much lower prices. Less garbage created, less congestion on the highways and public areas. The country's resources such as water would be less stressed. The short term disruption would be more than worth it. Also, the public services would be relieved of the crushing needs of so many if this could happen.
E-verify needs to become the law of the land in every business that employs more than five employees.
24
@Valerie Wells What it would do is simple: There would be a collapse in the rental market, and rents would drop like a rock.
Want cheaper rents? Find and report an illegal migrant.
9
@Valerie Wells
30 million is 10% of the population. I don’t believe one in ten people in this country is here illegally/undocumented. I think you’ve made an error.
4
Born and raised in NY to immigrant parents..he was deported once on an assault charge.. people cant just come to another country and just stay. I would love to move to another country but there are procedures to follow. Im in full support this individual shouldve been detained and deported once more.
28
"After the shooting, Rachael Yong Yow, an ICE spokeswoman, blamed the city for releasing Mr. Avendaño after he was arrested last week, before the agency had time to issue a detainer."
Is ICE expecting that people will be mind readers?
They did not issue a detainer, and they expect the city to act on that not-yet-issued detainer?
Yeah, I can go with that. By the logic used by ICE, the lottery authorities should issue me a check for the prize money today, and I will go buy a lottery ticket tomorrow. After all, I was planning to buy the ticket, right?
6
Why doesn't DHS and ICE prosecute business owners? They should if it can be proved that they knew these workers were here illegally.
Illegal immigrants routinely use stolen or fake SSNs; felony fraud they are never prosecuted for.
E-Verify. Employers should and do use it but the social security administration has in the past ignored 'mis matches' and in some states like CA, denying employment based on immigration status is considered discriminatory and against state law. As is employers allowing ICE to audit their employment files.
The entire system favors illegal workers over citizens and those employing and working according to employment and tax laws.
That's what needs to change. Illegal immigrants do not deserve any special consideration.
11
Did you say "sanctuary"? You iz wrong NYT, the woid according the clownish ignoramus is "stanctuary". The poor fellow couldn't buy a goo and he had to pay $65 million bucks to those he cheated. In any event, the shooting by the ICE Storm Trooper ain't gonna be the last one, so...♫♪ remember, remember to vote him out in November ♫♪.
5
DeBlasio has become a de facto advocate for illegal migrants - sanctioning their stays, releasing them from jails when they commit crimes, and preventing deportations of criminals. No wonder that crime (burglaries, subway assaults etc) in NYC skyrocketed.
The current Dem candidates want to go further - free healthcare and essentially open borders. It is difficult to fathom what these people are thinking.
25
Liberal media talking heads are constantly lecturing us that "no one is above the law". Their naked hypocrisy is evidence of their arrogance, ignorance, and disrespect for the values of law abiding Americans.
This man was an illegal alien convicted of a violent crime, and was deported, but he sneaked back into the US where New York gave him sanctuary (again), and we're supposed to feel sorry for him? Enough said...Inaugurate President right now for his second term. Democrats are toast with dangerous open borders policies.
14
YOU didn’t read the article! The man who had committed the crimes WAS arrested! ICE killed an innocent man!!!
This sounds like attempted murder of Mr. Diaz. I hope he has a good lawyer.
4
Everyone else can't live here, but kidnapping and detaining children by ICE is not the answer. nor is unnecessary violence by ICE.
I am a Democrat, and I fear that my party may be committing electoral suicide by not advocating for FAIR and compassionate enforcement of immigration laws.
37
@Brez
The problem for folks like you and i is that the issue has been coopted by the Whites Only crowd. There is no space for fair and compassionate people to make our arguments without being associated with the bigots making policy.
6
@Brez
Agree!!!
@Brez The Chinese Exclusion Act was a law, as was the Immigration Act of 1924 and many others. Just because something is written into the law does not make it fair or compassionate, as our history has proven quite the opposite.
Perhaps we should take the time consider the circumstances in which our country has crafted these laws, and whether the intent behind them is truly to be fair and compassionate.
3
There is no such thing as "undocumented immigrant". Those people are staying in this country illegally. I support strict enforcement of immigration law and merit based immigration, which is not the same thing as what Trump administration's doing. The employers who hire illegal people should be severely punished. This will remove the incentive to come her and stay illegally. This will naturally reduce the number of illegaly staying people and raise the wages of legal residents and visa holders. But those in power, Republican or Democrat, will not do that because they and the business people who shower them with money want this cheap modern day slavery. Trump hired illegal in his NJ property (reported by the Times), and he is not alone, see for example https://www.esquire.com/news-politics/a23471864/devin-nunes-family-farm-iowa-california/
This is what Republicans do, whatcha hypocrisy
11
It would be great if the U.S. Congress and the President work a Comprehensive Immigration Reform in order to correct these kind of situations. Most of Americans support to help undocumented immigrants to get out of the shadows. It's better to know who are your neighbors. Many undocumented immigrants had to run from their countries as a result of socialist dictatorships, namely Venezuela, Cuba and Nicaragua to mention just a few cases. If the Republicans hate socialists, then they are in the obligation to help those who ran from that kind of regimes. Oh, the Latin People have a lot of support. For example the 2020 half-time show has so far, more than 120 million hits, and counting. Many thanks and congratulations to Shakira and Jenniffer Lopez. Hooray! No other Half-Time Show had such a wonderful power in the history of Super bowls. Great!
2
Why is it when the Feds come for felon Roger Stone Trump calls them "dirty cops" and calls the prosecution a "gross miscarriage of justice". But then when a Federal officer shoots a young (legally in the US) Mexican in the face, it's another story?
7
Lets face the truth. None of this problem would exist if people trusted government officials. With a president who lies with ever breath, attacks women, orphans, and disabled virtually every chance he gets. A president who appoints men with little moral authority and no credibility, who disses veterans and their families and shows no compassion or merely any intelligence or understanding beyond what he saw on Faux and Fiends this morning; situations like this would not happen. Cities and citizens would feel the agents were acting in a manner consistent with their moral duty and citizens could believe that the apprehended would get a fair hearing.
However under this president and his government troops there is little of any chance anybody, citizen , visitor, or immigrant will receive any form of justice.
4
Thank you ICE for doing your job. Trump has my vote just for his stance against illegal immigration which is not a victimless crime.
16
How about not carrying guns? That would solve the problem of innocent bystanders being shot in the face by irresponsible, over-reacting, immature ICE agents. This country has gone overboard with its admiration for macho idiocy and its adherence to violence as the solution to every problem.
5
ICE can’t blame illegals for the rape and murder of the 92 year old woman. I’ve heard from so many experts in the media and our democratic candidates that this is a Trump lie, because statistically speaking illegals are no more likely to commit crimes! That this absurdity is repeated and “believed” and that Pelosi etc basically demote Steinle and Singh as political objects is a crime. But in our current brainwashed mindset, it’s only Trump that lies.
6
@Alberto Abrizzi the guy who raped and murdered her was here illegally. It was reported in the Times and many other places.
13
@Alberto Abrizzi You don't have to believe the truth. But answer me this: why would an undocumented person commit a crime, knowing that s/he'd be deported? Most crimes are committed by citizens and undocumented go out of their way to avoid situations where they could be caught up in crime. they're here for a reason and it's not to rob someone.
1
Talbot, it obviously didn’t come through but I was being sarcastic.
1
“Mayor Bill de Blasio responded by accusing ICE of flouting the law.”
LOL.
11
My stance changed from being a Democrat/liberal supporter primarily on this issue. Why do the Dems encourage this kind of illegal behavior? In no other country are immigration laws so lax as they are in the US? Liberal Canada, Australia, UK? Forget it. None of them would entertain you if you're illegal. Here the Dems seem to be encouraging them.
In an Op-Ed piece last week, Jorge Ramos wrote in the NYT that Mexico should let the illegal caravans pass through Mexico and onwards to the US so those people can get a better life. How does the NYT even allow such a foolish opinion piece to get published?
23
@Kirk Land Because the european governments let their people leave their country and come to the U.S. C'mon, get past the rhetoric from both sides and think about it. Be empathetic about it. Be a human about it.
@Kirk Land
Because it's an Opinion.
Please keep in mind as character in the movie Roadhouse stated "Opinions vary". Truer words are rarely spoken.
Dear God, we are now supporting ICE in the killing of an INNOCENT human being?! Did anyone bother to READ the article? Killing someone in cold blood by ANY law enforcement officer is wrong. Why is shot to kill the first line of defense?! How about shooting the leg or foot?! Why shot at all?!
FYI: Democrats do not want ....open borders....we want just and fair immigration laws! HUMANE treatment for all immigrants!
And lastly.....the NUMBER ONE issue for Americans is HEALTHCARE! Not immigration.
5
@Mari
Did you read the article? Attack a cop and you’ll get shot, deservedly so.
8
At a certain point, this is going to boil down to liberals defending a guy deported for assault who snuck in multiple times.
And conservatives asking why it's OK for a 92 year old woman to be beaten, raped, and left to die in the cold because NYC didn't honor a request to detain someone here illegally.
23
Don't public officials in New York take and oath of office that requires them to support and defend the constitutions and laws of the United States and New York? How is it that then they can ignore our federal immigration laws and protect people who are here illegally?
17
The Constitution is a paper tiger and Trump proved that. After Trump, cheating on taxes, endangering the lives of US citizens for personal gain, assaulting women, firing/demoting federal employees out of revenge, kidnapping children, I’m too exhausted to keep enumerating all of this monster’s crimes. Suffice it to say “ if there’s not a higher power (God maybe) there ought to be so as to deliver us from this catastrophe that has befallen the shining city on the hill.”
1
@jpduffy3 Probably because they notice the President or Senate doesn’t follow the constitution either in acquitting Trump
1
For De blasio,yes ICE is an extension of the government and DHS if so they work under the executive and hence the Presidency.Basic 8th grade education in governing.They are not a private force anymore than they were during Obama ,who actually did the same thing as Trump is now.
9
As a democrat, I am aghast that any municipality rushes to release a previously convicted felon in an assault case to prevent him/her from getting deported. Trump is a product of the sick hatred that fermented among many on the right under 8 years of Obama; and we have to be careful that our ideological views are not equally desperate in our disgust for Trump.
7
Ice is a federal law enforcement agency. NYPD is a local law enforcement. How can ICE blame their own incompetence - shooting an innocent person - on NYPD?!?
3
Ice should have stopped this man peacefully and then guided him to nearest DMV so that he can legally obtain a NYC driver licence and register to vote.
9
@Leo He is an illegal immigrant. or is this a joke?
6
Yes and as soon as trump starts obeying the constitution then maybe states will too.
3
Not a fan of ICE. But there are situations that deserve their participation. Regular occurrence in my neighborhood is undocumented drug dealers being arrested and released.
See recent example: https://mobile.twitter.com/SFPDTenderloin/status/1224090120506134529
17
What right does the federal government have to harass US citizens because of political differences. “...federal authorities announced that New York residents would be barred from travel programs like Global Entry...” The President spites Democrats so much that he’ll punish the entire population of New York. Sad.
2
It's time to give law enforcement the tools needed to enforce the law. Stop illegal immigration and chain migration now. Build the wall. Turn back every illegal immigrant attempting to cross our border. Sanction Mexico until it hurts, and they decide to stop exporting the dregs of the society northward. And stop already with the crocodile tears for illegal immigrants who broke the law by entering our country and who continue to thumb their noses at those immigrants who waited and are waiting their turn to do so legally. Enough is enough.
14
The whole incident could've been avoided if NYC had played nicely with ICE?! Hogwash. This is abuse of force, plain and simple. If ICE can't apprehend a single, unarmed man without shooting an innocent bystander, they have bigger problems to worry about than politics. But I guess we won't have that discussion until the bystanders they shoot are white.
1
What are the consequences for the company that hired an illegal immigrant to work? Did Mr. Avendaño have forged papers?
8
"“ICE has become, I think, a more and more illegitimate force,” says Di Blasio.
Well I think he is an illegitimate mayor. Lets see:
Crime #1: The person entered the US illegally
Crime #2: He committed an assault and was deported.
Crime #3: He entered the US illegally AGAIN.
Crime #4: He was driving without a license, in an unlicensed vehicle. He is arrested.
Crime #5: NYC instead of turning him in to federal authorities, lets him walk.
Crime #6: The illegal then resists arrest and pandemonium breaks loose.
Crime #7: The tone deaf NYC mayor rushes to condemn both his police force nd federal authorities.
Some is surely rotten in the City of New York.
22
@Phil
So the ICE solution is to shoot the guy’s girlfriend’s son in the face? Let’s be real.
@Paul No. But then again we do not have all of the details of what went on. We do not know whether the son attacked the agents. Do you?
1
I am with President Trump on this one! The guy had an assault charge and was already deported. And when asked by ICE to comply starts arguing?? What nerve!
As a legal immigrant to the US, I've had to work incredibly hard and prove my worth to be able to stay here. I consider it an accomplishment and a great privilege.
Protesting for criminals is how the Democratic Party will lose the 2020 election.
75
@sanket But protesting for humans will get them into heaven.
2
K. But why'd they shoot his son -in the U.S. legally- in the face for standing there with his hands up?
5
I'm unhappy with Trump's immigration "policies" and his administration's attempt to exploit this shooting for its own (faux) narrative.
That said, Avendaño is hardly a poster boy for an innocent victim. Deported after pleading guilty to a violent felony charge, he simply comes back. In that context, surely more details should be reported about how "an altercation broke out"? Who started it? Surely clarifying that is part of good reporting, no?
And while any shooting of a person is significant, the actual description of the shooting -- "one officer fired a gun at a second man ... with the bullet piercing the young man’s cheek" hardly seems to support the tabloid-style headline about a "Shooting of Man in the Face by ICE."
Such headlines and reporting shortchange the public in terms of accurate, objective reporting. They also work to undercut the many significant concerns about Trump's immigration policies and ICE actions by treating every immigration episode as if it's the same as another, while some are certainly more egregious than others. This then enables immigration opponents to dismiss events as overblown.
7
@NYer
You wrote:"hardly seems to support the tabloid-style headline about a "Shooting of Man in the Face by ICE."
The article reports: "The bullet traveled through Mr. Díaz’s left hand before hitting him in the face, piercing his cheekbone and lodging next to his ear, Ms. Mendieta-Cuapio said.
According to the article Mr. Diaz has a clean wound in his hand (no doubt bones were broken) and a wound in his face, with the bullet next to his ear. Doctors would have extricated the bullet from bone fragments and tissue near is ear. Yes, he was shot in the face.
1
Interesting. There are only 10 shootings a year by ICE agents in NY per year and here it is the second week in February and they have already had four (and this one was of a legal visitor with a visa).
4
@ExPatMX
A legal visitor with a visa who attacked a law enforcement officer.
4
Minor clarification on previous post:
As part of continuing education and certification, I recently took a course that had Appellate Judges, Elected Representatives, Lawyers and Security Experts as speakers and trainers.
The interesting thing that I noted was that the reports from mainstream media outlets like the NYT, ABC, NBC, CBS, PBS, NPR and CNN was opposite of what is being taught in the class.
The unfortunate reality that can not be disputed is that there is a small group of people who are picking and choosing the laws they want to follow. They then declare themselves to be "Sanctuary Cities" and in doing so, are rewarding people who made poor choices.
So that leaves people from all sides to decide if we are going to be a Nation that is based on tolerance, compassion and more importantly - laws!
If we are to be a Nation that is based on laws, then we don't need to be passing more laws until we start enforcing the ones already on the books!
Until we start enforcing the laws already written, we will continue drifting towards anarchy!
8
I understand the idea of have the illegal immigrant community "trust" police. There is apparently a lot of crime resulting from illegal immigrants carrying a lot of cash because they also don't use our banks, among other crimes.
But, this is a chicken and egg situation. If they were not here they would not be commiting or be victims of crime in this country.
Since, as was reported in the NYT a whole ago, approx 10% of people in NYC are illegal immigrants that number alone indicates a need to have that "trust", if only to keep some areas from being completely lawless.
At the same time, ICE needs to work as efficiently as possible to reduce that 10%. Look around you on the streets and in public places and realize the huge impact those 10% has on your life, ability to do things, taxes and what you spend money on.
9
As part of continuing education and certification, I recently took a course that had Appellate Judges, Elected Representatives, Lawyers and Security Experts as speakers and trainers.
The interesting thing that I noted was that the reports from mainstream media outlets like the NYT, ABC, NBC, CBS, PBS, NPR and CNN was opposite of what is being reported in the news.
The unfortunate reality that can not be disputed is that there is a small group of people who are picking and choosing the laws they want to follow. They then declare themselves to be "Sanctuary Cities" and in doing so, are rewarding people who made poor choices.
So that leaves people from all sides to decide if we are going to be a Nation that is based on tolerance, compassion and more importantly - laws!
If we are to be a Nation that is based on laws, then we don't need to be passing more laws until we start enforcing the ones already on the books!
Until we start enforcing the laws already written, we will continue drifting towards anarchy!
6
There are laws on the books that some consider to be misguided. Still, law enforcement is required to enforce the law. And law enforcement is dangerous work. Making a stranger do what he doesn't want to do can be the last thing an ICE officer or a policeman ever does.
When things go wrong and a law enforcement officer causes undue harm, those who have a bent against them argue that they are at fault far too often. But you need to factor in the danger. Viewing flawed law enforcement as more of a menace than it is worth is unreasonable. When laws are passed, enforcement is part of the bargain. And blaming ICE or the police incessantly for doing their jobs, mostly successfully, sometimes unsuccessfully, is wrong-minded, pure and simple.
10
@michjas
How is it ICE’s job to shoot an innocent bystander in the face?
There has to be a better re-entry process, I rather do it the right way and be able to gain the privilege of just being allowed in the US. That being said, the law is the law and he broke it. If the agents identify themselves or not that's something they have to deal with, but they are still on the side of the law. He should be grateful he is not in Texas.
2
Enjoying a $25 dollar apple of a $50 head of lettuce? No, well you can't have it both ways.The entire ICE approach is designed to create industries specifically intended to enrich favored groups. Enforcement costs would be reduced dramatically, if employers where targeted rather than the victims. The current enforcement policy is not designed to make the border safe, it works to keep a vital workforce disposable.
5
@j24 who is growing lettuce in NYC?
6
@j24 It would not be a $25 apple, more like an additional 25 cents. Illegal farm workers make up only 5 percent of all the illegals here.
8
@Margo is anybody eating it, or serving it or washing it. Is anyone getting a roof done and wall replaced, is anyone staying in hotels?
ICE needs to go after employers. The majority of building management companies in NYC employ undocumented people in their construction/renovation projects. Donald Trump surely knows this, if he was serious he would send them to raid buildings and arrest building mangers. Next should be the pedicab companies that employ undocumented who risk the lives of Central Park pedestrians by refusing to follow park rules. Go clean them out.
8
ICE is becoming, gradually but definitively ( like so many other Trump initiatives ) the equivalent of the a Trump Police Force.
6
We have a lawless president who can’t be held accountable. He’s a far greater threat to the country than undocumented immigrants who contribute more to the economy than they consume in services. There are countless dangerous or undesirable jobs immigrants do in our stead. And they are responsible for fewer crimes (i.e. a lower crime rate) than our own citizens.
Immigration has been left as festering sore on our democracy because it’s productively divisive. Every opportunity for a compromise has been avoided in favor of a useful election issue, cycle after cycle.
Meanwhile, there’s no serious attempt to deport every documented alien because multiple industries like meat packing, construction, restaurants, agriculture, and hospitality would collapse. And that’s not to mention going after employers who knowingly hire these folks who want to work here. A 3 strikes law that imprisoned employers for a year for a first offense followed by 5-10 for a second and life for a third would stop the magnet of American jobs in its tracks.
No, real immigration reform will have to wait for a blue wave, hopefully in 2020. Otherwise we’ll still continue to reap the benefits while blaming the most vulnerable for our dysfunction.
3
Trump will win reelection on this issue alone. Democratic stance on the topic is untenable and will cost them votes.
New York has gotten totally absurd, not only with the drivers license, but especially by allowing the undocumented into housing programs and lotteries, while the AMERICAN citizens are sleeping all over the sidewalks, sometimes 5-6 people per block. Our mayor has done nothing but favors to his pet religious or ethnic cults who provide him and his allies with block voting.
24
You are absolutely wrong! The NUMBER ONE issue for Americans is HEALTHCARE. Not immigration.
@Mari you are wrong. Democrats will lose votes due to their stance on illegals
5
The man who was visiting legally on a visa, is the person who was shot by the ICE agent. Not the illegal alien with an arrest record.
The ICE spokesperson is deflecting with talk about NYC.
The agent had a gun and used it to shoot a legal, unarmed visitor after the illegal alien had been taken into custody. That is the issue.
6
The legal man with visa jumped into the fray to interfere with the arrest, which is a violation of law. It sounds like the shot was accidental discharge, but bad and/or biased reporting makes it unclear.
6
The real question is ...just What justified the use of lethal force? Police officers and federal agents supposedly are trained in when and more importantly when NOT to draw a weapon. Was there imminent danger to anyone's life? Just because you are arresting someone doesn't allow you to use any means of force needed unless you life is in danger.
3
ICE should be expanded and better funded, not demonized. Here, the agents were doing their jobs which is to enforce our immigration laws. The agents did not create those laws - Congress did. We live in a democracy and Congress is free to amend laws that are unjust and don't work. So far, Congress has not done so. The jobs of the agents were made much more difficult by the sanctuary state/city nonsense. The law is the law and must either be enforced or changed. We are a nation of laws so this is an absolute. Immigrants, especially those with useful skills, should be welcomed with open arms, but only if they immigrate legally. There can be no sympathy for individuals who are hurt while resisting lawful arrest.
20
The House is attempting to make these better laws. The Senate will not consider them and the Executive will veto them. Good luck with misplacing the culpability though.
NO excuse for the lethal use of force, none!
1
The immigration laws of the United States allow an alien to pursue relief from removal; however, once they have exhausted all due process and appeals, they remain subject to a final order of removal from an immigration judge and that order must be carried out. It stands to follow that the prioritization of immigration fugitives since the inception of ICE emphasizes their arrest and removal because they deliberately ignored a federal judge’s order. Intentionally failing to carry out final orders of removal is negligence that undermines the entire framework of immigration enforcement, as established by Congress, and renders federal law useless.
11
@ICE Cold Facts The law is the law. Maybe I can stop paying taxes because I don't want to pay taxes
5
@Bill
Only if your name is Donald.
ICE cowboys must go. This agency was created under false pretenses after 9-11 and has done so much harm.
9
@dr. c.c. Well ICE existed under another name before 9/11 and they still removed illegals. So it was not "created user false pretenses..."
The problem is not ICE; it is people and corrupt politicians like Di Blasio, who support the breaking of federal laws for personal political gain.
9
Just goes to show things are not as simple as they look on the surface. We can’t be too quick to demonize and we should avoid labeling as much as possible. Sounds simplistic?
2
I am a life long Democrat and am seriously considering defecting over Democrat's stance on illegal immigration. If Democrats don't get it together and support sane immigration reform, we will be left with the extreme and they will have nobody to blame but themselves.
45
@HeatherD What would your solution be? Keep in mind that unlawful presence in the United States is not a crime. So being here without papers is a civil violation, not a crime. Calling it "illegal" does not denote criminal conduct. Our immigration laws, as amended in the 1990s, were specifically targeted toward penalizing Latinos and penalizing an act (crossing the border) that had been the norm for hundreds of years. There are families and jobs on both sides. So we have this overly-punitive law that by creating bars to coming to the US for previous unlawful presence actually caused more people to stay in the US if they had violated their immigration status. In addition, we have a program that causes the mass-incarceration and dehumanizing detention of people who are here. Our laws are punitive and divide families. And they do not reflect how migration actually works. Most people would be happy to come here and work for a while then go home. But it's impossible to do that. So people stay. They build lives. They build homes. They raise families. And then they are subjected to our cruel immigration laws that do not permit discretion. Judges cannot take this into consideration when they are determining whether to deport someone for unlawful presence. The whole system is cruel. I'd love to hear your plan.
3
@HeatherD, IF you are truly a Democrat, then you would know that Democrats DO want sane and justice immigration laws passed! In fact, they have been attempting to work with the Republicans since 2008, but Republicans block every attempt.
FYI: Do you know what the number one issue is for Americans this election?! HEALTHCARE!
1
@Popp
You mention about being here illegally is only a "civil" violation.
How are these people working w/out legal permission to do so?
I'll tell you; they are using ID theft and/or working under the table (not paying taxes) which are serious crimes.
They are all criminals by their very presence here.
Your position is one of subverting our laws and sovereignty and creating and fostering an atmosphere of lawlessness.
Also think of the many immigrants that waited years to immigrate legally.
And you and your ilk always spouting off about "fairness"??????
5
Why isn't ICE going after the employers who hire undocumented construction workers? Is it because they are powerful and protected by the powerful? Everyone knows that Trump's company hired undocumented workers on his construction projects. Why isn't ICE going after the employers who cause the problem in the first place by preferring to hire cheaper, undocumented immigrants over more expensive American citizens? If more constructions sites were shut down, more wealthy construction company owners charged with violating the law, then real reform would ensue, because the power structure itself that supports the companies that hire undocumented workers would be dismantled. As long as wealthy construction companies have connections to powerful politicians and protectors in government, this problem is going to persist, no matter how many helpless undocumented workers ICE arrests and deports.
16
@Allison -- Why isn't the use of E-verify mandatory for all employers? It's a simple process to check whether a potential employee has the proper documentation to work in the US. Yet, many employers, especially in the construction industry, don't use it. Because they want the cheap, easily exploitable labor. As long as there's work, the workers will keep coming. If they knew there wasn't a chance of ever finding a job, they would think twice about making the journey. Trump won't make E-verify the law because he wants to protect his rich, developer friends who give to his campaign. As usual, Trump is the problem.
7
Just the same as meat processing—ICE aided the workers on a Koch Poultry Processing Farm but no problems for Koch. Of course this would raise prices for people at Walmart and other grocery stores and construction sites but maybe then real reform that includes the workforce needed in the country would be initiated and followed.
3
The tenor of the comments is truly frightening. Rather than considering the desperation and helplessness of the brother who was shot in the face (through his hand), we are asked to sympathize with ICE officers. It seems the American education system is remarkably effective at inculcating obedience and servility; many readers go beyond simple acquiescence, they actively clamor for authority and domination.
14
@selfloathing
Nah, we believe laws are there for a reason. The good ones too that protect the environment etc.)
You can't pick and choose which one's to follow based on emotions.
I used to work in construction in NYC. During that period there were extremely high construction deaths. Guess what? It was partially fueled to the fact that many of the same companies that dodged their responsibilities to Osha and safety also hired illegal immigrants under the table, who would never complain. These same immigrants have no recourse to say no to unsafe conditions and also put me and others working next to them under same bad conditions - because we needed to say yes (as to using harmful chemicals without respirators - one example) lest we get fired.
I loathe when people say they do the work no none else wants. I did it and still do.
I'm extreme left but feel the illegal immigration issue, and real harm it does for both immigrants and native workers, can never get solved with the borders the way they've been.
14
Truth .
2
@Ignatius J. Reilly the solution to the difficult problem you've articulated is so clearly not immigration related. It lies in the dismantling of corporate power and the injustice perpetrated by the state. If those coworkers were not afraid of deportation, of being separated from their families, then they would have been able to speak up. They would have been able to join with you and agitate for better conditions. The police, the bosses, and the indifferent intelligentsia are the problem, not the dispossessed and desperate people who are escaping chaos that the US largely caused. Exploitation and domination don't respect national boundaries, that's why the leftist tradition has been internationalist.
Based on the article, it appears that the arrestee may actually have entered the country illegally not twice, but three times. He plead guilty to misdemeanor assault, and was deported, and entered the country only a month later. Then, he gets pulled over on a host of vehicular charges. I assume he had no insurance, putting everyone at risk. In addition, he's one of an estimated 1 million people living in NYC illegally.
There are 3 million legal immigrants in NYC, says the article. I wonder how the unemployed among that 3 million feel about this guy taking their jobs, because he's working illegally, probably for less than the going rate. How does diBalsio, ever concerned with pedestrian fatalities and driving 25, justify letting this guy roam free?
Then, at the scene, the officers are hurt. I'm sure there was pushing and shoving. Then a "young man" who is the son of the arrestee's girl friend comes running towards the officers during the arrest. What were they supposed to think? It's not until later in the article we find out that the "young man" is actually 26. This is ridiculous.
If you don't like ICE? Well, I don't like IRS, so I guess it's OK for me to cheat on my taxes? Oh, sorry, I forgot. Everybody butt me already cheats. Remember, my leftie liberal friends, no man is above the law! NY State Senator Schumer said that, among others, so it must be true.
44
I see your point - when police are involved it is never a good idea to rush them as they are apprehending someone trying to escape. They would have done the same to any of us, that it was a foreigner here using a visa is not material: he rushed at police during a tense situation.
8
The opening paragraphs are
"Gaspar Avendaño Hernández left his home in Brooklyn early last Thursday to go to his construction job.
But Mr. Avendaño, an undocumented Mexican immigrant who had previously been deported in 2011 after pleading guilty to an assault charge only to return, did not get far. He was confronted outside his house by federal immigration officers who were there to arrest him."
Take out the villified characterization of his assault charge 9 years ago
Gaspar Avendano an undocumented Mexican immigrant was confronted outside his house by federal immigration officers who were there to arrest him on his way to his construction job.
Just the Facts--No Trump Base Baiting Necessary. Ii he returned after 9 years, charge resolved-we aren't given any facts. Only in America are minority crimes large or small forever written in indelible ink
7
@That's What She Said I think you forget the FACT that he was ordered deported 9 years ago. He doesn't belong here whether he's white, green, or brown.
6
@That's What She Said Got it, so you think criminal records don't mattter and you want open borders including for people who are guilty of assault. Please tell all your friends to scream this from the rooftop because it will guarantee that Trump will get re-elected in November.
I can't wait for the Democrats to scream ABOLISH ICE over and over again at the DNC national convention on national TV!
4
@Bill NYT states "only to return"--How did he return? Facts Please. There aren't enough facts on purpose-so people can makeup their minds on implication--Congratulations--it worked on you
1
Why say "so-called" sanctuary jurisdictions in the subheading? These places define themselves as such. I suppose the media are becoming aware of how repulsive the concept of sanctuary cities is to the wider electorate.
This issue is a massive loser for Democrats.
31
Why does anyone expect the tax payers of NYC to spend local tax dollars and risk NYPD lives to enforce federal laws???
3
@jcl Because once they are arrested by the local police NYC sets them free; that's why.
2
If we concentrated our efforts on deporting only those illegal immigrants with criminal records we wouldn’t have this problem. If we had more immigration judges at the border to vet and allow immigrants to enter the US in an orderly and controlled manner we wouldn’t have this problem. If we had more immigration courts to hear these cases and adjudicate them quickly we wouldn’t have this problem. If we had an immigration policy realistically geared toward the realities of today’s patterns of immigration we wouldn’t have this problem. If we didn’t have this problem, ICE would not be such a hated institution and public agencies would not have moral dilemmas in supporting its work.
68
@Dale. Couldn’t agree more. Our current immigration policy - or lack thereof - is absolutely insane. It in no way accounts for the reality of our unskilled labor economy or the mixed-status families that straddle the southern border. By no means is that an advocation for an open border. It’s simply a plea for sanity.
No, it’s not fair that people who sneak across while those who waited in line and jumped through hoops and paid a load of money to emigrate here are entitled to the same services. It’s also not fair to deport contributing adults who were children brought here by their parents. It’s not fair that the wealthy can buy their way in. It’s not fair that employers never seem to be held accountable for hiring practices. And it’s absurd that any foreign national deported for being convicted of a crime on US soil would EVER be let back in. It’s not fair that both ICE officers and brown skinned immigrants are detested by those on the “other” side.
We need to acknowledge that a workable immigration policy won’t, in the short term, be fair. Like so many issues - climate change, homelessness, health care - our political climate makes playing the long game impossible. Maybe we could aim at more fairness in the short term. It’d be much easier to “abolish ICE” if there were sane federal policy.
5
@Dale agree. we'd have some of this solved if the money were there for courts, lawyers, etc. But we dont want to spend the money there, this admin would rather divert money to building a wall.
7
@Dale ICE is not a hated institution. It is only hated inside the wokerati echo chamber. The vast majority of us thank them for doing the thankless job of keeping our borders secure. A nation without borders is no nation.
9
This is clearly a law enforcement problem.
Every time I have seen photographs of ICE agents, they are wearing clothing that says "POLICE."
In New York State, that is a felony. They have been granted peace officer status, but they are not police officers. And there is no federal police power, so they may not lawfully cl;aim to be police. Penal Law - Section 190.26 - Criminal impersonation in the first degree makes their behavior a felony. So why doesn't the NYPD arrest them? Why doesn't the Kings County District Attorney, Mr. Gonzalez, prosecute them?
6
@Eugene Yes let's prosecute lawful police officers trying to arrest illegal aliens. If you wonder why Mr. Trump was elected and will probably be reelected reflect a bit on your comments.
4
First they came for the hard working immigrants, and I did not speak out.Because I was not an immigrant.
Then they came for the socialists, and I did not speak out. Because I was not a socialist.
Then they came for the liberals, and I did not speak out. Because I was not a liberal.
Then they came for me. and there was no one left to speak for me.
Fascism is the abuse of authority to attack those without rights or in a weaker situation. They always blame the attack on the victim and then blast through the rules picking and choosing what causes the most harm while ignoring protections for individual liberty
across the board. It nearly always starts by passing hostile immigration laws to justify abuse by hiding by legality to incite violence.
There is always an excuse. Even for murder and the victim is always blamed.
In this case a victim wasn’t even the person being arrested and all of them are blamed. Someone was shot yet the attitude is it is perfectly acceptable for enforcement to shoot someone.
They blame the “liberal” city. They blame sanctuary cities that promote safer communities and make them more dangerous to alienate Latinos across the nation to fear and to government. They blame liberals. They blame the victim they shot.
All of it acceptable because they went after one “bad guy” and instead of simply finding a better way chose extra judicial violence.
8
@Mathias
Ok, let’s not “come for” anybody ever. After all, by your “reasoning” if anyone for any reason is ever arrested, that mean arresting people is bad. In a nice safe place like nyc I’m sure you’ll be much better off without cops or ice agents pestering all those law abiding noncitizens.
8
@Mathias First they came for the criminals, and I did not speak out because I'm not a criminal. The criminals were put in jail, the illegals were deported, and life for the law-abiding improved. Illegals are not being persecuted for who they are, they are being prosecuted for their crimes.
9
@Mathias Deporting violent illegal alien criinals is NOT fascism. Under your definition, every country on Earth is fascist.
Do you think I could immigrate to France, commit assault, and not get deported? Think again.
9
ICE's abusive stance, however stupid, is just a reflection of Trump's ability to show his inhumane and cruel stand, his racist trademark in thinking that 'the other' isn't worth his all-out hate the president's bully pulpit allows. What must be motive for our introspection is this: we knew what this demagogue's intent was much before he assaulted the White House, and yet he got a pass. Now, inhumanity personalized is showing it's ugly face...via brute force. No doubt, the Putin's of this world are applauding such a crass move in 'the most democratic' country, right?
4
As per usual this article doesn’t dare describe the conduct of the person resisting arrest beyond ‘altercation’ and/or specifics concerning the use of potential deadly force on the second subject. The reader is therefore left to conclude that resistance however minimal, led to this consequence. Does anyone still wonder why a climate of anti police hostility is alive and thriving?
23
@Robert Mescolotto right. liek the fact that the man was shot by a bullet that went through his hand and then hit his face. So they shot someone with his hands in the air.
@jcl .....or, reaching for the gun.
1
What's missing in the conversation about illegal immigrants are discussion of ways to legally immigrate. I don't know of any method for low wage workers to immigrate to the US. Even high skilled labor is only offered 3 years through the H1B system. That's not an immigration system. The system requires people to illegally immigrate.
5
Why doesn’t ICE go after the real target, the employer’s?
They are the ones who benefit from undocumented employees.
Then again that would have to make our legislators in Washington have to stand up for the interest of all.
Kinda like Captain Louis Renault receiving his gambling
winnings at Ricks Cafe American and being “Shocked”
Shocked, to find out there was gambling going on”
16
How in the world did Mr Avenado get back into the U.S. after he was deported for assault seven or eight years ago? How in the world did he get a job in NY? Doesn't a job applicant have to present some sort of appropriate documentation?
27
@BD Only to employers who actually follow the law. Using undocumented workers guarantees the employer a better bottom line. All cash, no benefits and if they complain just call ICE. For a less than ethical employer this is a perfect scenario.
6
@BD I lived in Texas for 15 years and I can tell you that the construction industry there is nearly all illegal immigrants from Mexico. Sorry to have to tell you this but American citizens, don't want to lay roofs, work in restaurant kitchens, clean toilets, or pick your veggies and fruit.
1
@robertoc amending your statement to include the clause "for an unfair pay rate". Pay decent wages and workers will work.
4
I'm a pretty liberal long time reader of this newspaper, and myself an immigrant - and I'm being struck by the utter craziness of what's going on here. Trump is quoted as "accusing [sanctuary cities] of protecting criminals"... Shocking as it is, this appears to be a rare occurrence where he's seemingly telling the truth. The target of the ICE raid here looks as much a legitimate target as they possibly get. He had been deported once. Getting back into the country illegally after that is a criminal violation by itself. Most importantly, he pleaded guilty of assaulting his girlfriend. The guy IS a criminal; and NY city, and state, and the majority of the commenters here are all rushing to defend him. Since when has this become a liberal cause, to protect domestic abusers? Mayor de Blasio is quoted calling ICE of "a highly politicized agency ... basically a wing of the Donald Trump campaign". This may be true. You need to realize however, that by supporting these "sanctuary" policies taken to such extremes you are all EFFECTIVELY CAMPAIGNING FOR TRUMP as well. Many liberals have talked themselves by now into believing that ICE is a new Gestapo, that any deportation is a form of racist abuse, etc. etc. when in truth they are, for the most part, simply federal cops doing their job enforcing the law. To many sane people in Middle America this is looking insane. And they'll probably reelect Trump because of this, even know they may know he is an incompetent liar.
38
@Leonid Andreev that doesnt give ICE the right to show up in plain clothes and shoot people. And they cant blame local police for not helping. Its not local police's job to help federal agents do their job.
1
@Leonid Andreev
Yours voice is a drop of sanity in a sea of insanity as regards the comments on this article.......
3
a bullet goes through his hand and hits his face. SO his hands were definitely up when he was shot.
6
@jcl You can't say that was the case without evidence.
4
These articles read like trump ads. The democrats need to realize that the US is a sovereign country that gets to have laws and borders and yes, even decide who gets to come here and stay and who has to leave. This is not fascism or xenophobic racism, it’s how the rest of the world operates. If the left thinks none of this is a good idea they can move to the countries that don’t have borders or laws regarding immigration. Oh wait...
22
Illegal is illegal. He was deported once already only to then return under cover of night and then expect to work and frolic uninterrupted? I do not think so.
22
@Nature
He’s not illegal, he’s “undocumented”. This implies somebody lost his paperwork or it wasn’t filled out correctly. It’s the equivalent of saying bank robbers make “withdrawals thru unconventional methods”.
7
It’s illegal to shoot an unarmed man, regardless of his status.
1
As a former college grad back in 85’ I wonder how many thousands upon thousands of illegal aliens snuck in on the following: tourist visa, college attendance only to drop out weeks later/and others who just got a plane and never went home. All crimes committed by illegal aliens started the day they entered this country.
11
"Sanctuary jurisdictions"? Tell that to all the federal and state inmates serving time. No one provided them with law-breaking privileges.
This is a disgrace and slap in the face of all Americans who are expected to follow our laws.
26
If there is an increase in "altercations" with ICE, it is 100% due to the mayor and the media continuously promoting the idea that to enforce immigration laws is to be an evil racist henchman of Trump. Therefore, ICE is some kind of rogue illegitimate vigilante force that should be resisted at all costs. It’s irresponsible and it’s going to get people killed.
24
Politics aside, there is never justification for using a firearm against unarmed people. Police and military who wield guns against unarmed people are cowards.
4
@PJ So if an unarmed person was beating you up and you had a gun you wouldn't use it? You realize it's entirely possible to kill someone with just bare hands? Blanket statements like this are completely divorced from reality.
6
Defines 'nothingburger' if you factor that statistically something like this is guaranteed to happen. It is impossible to police a population of millions of people without some injustice or failure along the way. I suspect we've all been watching a little too much teevee if we think crime gets permanently solved. Sure, we give it a try but hyperventilating over each incident doesn't help. It just sells newspapers.
2
People thought Abu Gurab was just “one incident.”
Then it turned out to be part of a larger system of human rights abuses that permeated through the entire US military and intelligence services, a system that came about entirely because of US foreign policy, not in spite of it.
Trump’s war against immigrants is every bit as flawed and morally unsound as Bush’s war in Iraq.
@Alejandro Garcia Those are two very different things and I am not sure the prisoner abuse at Abu Girab was supported by any government policy or replicated in every such facility.
It is the responsibility of our government to support and defend our rights as citizens and that does include enforcing borders and controlling immigration.
Two very different things.
4
Please print Martin Niemeyer’s poem “And then they came for me.”
3
@Susan VonKersburg Legal immigrant here. Nobody is coming for me. I have no fear. Illegals should fear, because they are here illegally. End of story.
9
These are not so called sanctuary cities as New York Times puts it. These are cities that intentionally protect illegal immigrants and many criminals from the Reach of federal law enforcement agencies. 
19
trump and his gop make a set of law and rules for themselves. Those illegal people made the other set of law and rule for themselves.Where is the country will be end up?
3
The roads around Massachusetts are filled with these kind of immigrants who should not be driving in the first place. Most of them drive trucks which I always wonder how they can afford them, also these trucks are mostly registered with fly by night insurance companies that exists just so that they can register their cars.
Then stupid democrats wonder why they are losing, guess what me a lifelong democrat will vote republican in the coming elections.
16
@JP Unless the Commonwealth has changed since I lived there insurance companies needed to be registered and approved to do business in the state. One of the reasons New York enabled them to get licenses was that it made everybody safer. Properly licensed, with a properly registered and insured vehicle makes a whole lot of sense. It's not Real ID compliant and it doesn't shield them from additional scrutiny but it does enable a means to help keep folk safe on the highways.
1
@AnObserver
Dear AnBoserver,
Seems that Mr. Avendano did not have a valid drivers license or a legal set of plates. I don't see how the law has made anyone safer. Illegals don't comply with our immigration laws, why would they comply with our auto registration laws.
7
@gpickard Timing is everything. The law just passed and went in effect 12/4, barely 2 months ago. I suspect it will take a while sort out - like most new things. In terms of bad licenses and/or phony registrations there's plenty of them all across the state in the wallets and driveways of actual citizens, usually ones who've lost their license or registration for a variety of reasons - unpaid tickets, no insurance, DUI convictions, a whole host reasons. Yet they get the phony paper and phony plates and drive anyway. The whole undocumented people getting a license is a pure red herring.
My politics generally skew pretty far left but I believe it is disingenuous for Democrats to claim over and over again during the impeachment that "no one is above the law" while at the same time offering sanctuary to illegal immigrants. Call me crazy.
140
@beenthere Yeah but in that case it's disingenuous in both ways. Try telling Trump supporters about the OMB's statement that Trump violated the law by holding up aid that had been legally approved by Congress. Somehow in their minds, Trump's violation of that law is OK.
17
@beenthere If there was a sane and fair way for immigrants to come then far fewer would be outside the technical bounds of the law. Many of these immigrants are seeking asylum or otherwise leaving extremely dire circumstances and only want a chance to chase the American dream. We have need for their labor and work ethic. America is NOT full. Yes ideally they would follow the law but the law is not fair and as long as this is true we will all struggle.
4
@Melinda Sheehee I dont think the IRS is fair, does that mean I dont have to pay my taxes and democrats are going to shout and scream that I'm being persecuted and should get a free pass? I dont think so.
16
The ICE agents were attempting serve a deportation order to a twice-removed illegal alien (Hernandez) from Mexico with a 2011 assault conviction in New York City. Hernandez, had been pulled over by the NYPD for driving with a forged Connecticut license plate earlier in the week. The agency reportedly began steps to deport him once they learned of the incident. This process turned violent when his girl friend's son attempted to intervene and in the resulting fracas the gun went off. I am not sure why the ICE is to blame for this. The illegal had a prior assault conviction, driving with forged license plates. To me he doesn't seem like an illegal (who apart from coming into the country illegally) who stays under the radar works hard and doesn't get into trouble for any other reason. Big difference.
23
I am liberal, pro-immigrant, and do not agree with the current administration overall immigration policies. However, all persons who are here illegally and convicted of domestic abuse, as the individual in question, should be deported.
13
Pointing out the legality of Mr. Avendaño's presence, or his previous criminal record, abrogates acknowledgement of egregious actions on the part of ICE agents, who increasingly act as if they were a sponsored paramilitary group like the SA. What's worse: assault, illegal immigration, or shooting a man in the face, particularly if he was already substantially subdued? ICE agents don't have a good reputation for restraint these days, it's not hard to imagine one losing his or her cool.
2
@Disillusioned If the police are busy then you really shouldnt try to stop them. The girlfriends son who tried to intervene should probably be charged with trying to instruct justice, shot or not.
3
The man who was shot was actually in the US legally on a tourist visa. Naturally, the ICE officers did not question him before shooting him. To them, all Hispanics are illegal and fair game. Who knows if the ICE officers were really "physically attacked"? For the most part, no branch of Trump's government can be relied on to tell the truth. His mendacity infects the entire government bureaucracy, and he only hires department heads who are as loose with the law as he is. So, we'll see how the "investigation" pans out. Since it's conducted by ICE, it's a pretty good bet it will find the officers did nothing wrong. Duh. Meanwhile, ICE will probably be paying a nice sum to Mr. Diaz as reparation for the shooting. Just one more way the Trump administration wastes tax dollars: by paying them out to correct the mistakes made by incompetent officers.
5
I’m not sure if you read the story. The man who was shot intervened and resisted the arrest of an illegal alien who had already been deported and charged with domestic abuse. He wasn’t shot for any reason other than stopping a law enforcement officer from enforcing the law, which is to be expected.
7
I think there needs to be a middle of the road approach taken here. I have no use for ICE workers, who I feel overstep their mandate frequently and are on a power trip fed by Trump's "tough guy" anti-immigrant stance. However, if someone has already been deported due to committing a verified crime, they deserve to be removed by ICE personnel. Hopefully without violence. I know Trump and his enablers are doing everything possible to prevent anyone of colour (except perhaps, wealthy immigrants from Saudi Arabia) from immigrating to the U.S., no matter how much hardship they are trying to escape. But when cities protect immigrants who have committed crimes and then worse, go on to commit more serious ones, it's politically stupid and just gives Trump more justification to punish those cities for not bowing down to him. I find it interesting that those who employ illegal immigrants still are not being censured or fined for doing so. If they could not find jobs in the U.S., they might not take the risks involved in coming there. I wonder what connections these businesses (like the large agri-businesses and certain resort and hotel chains) have to Trump and the Republicans.
59
@Ann 1. Those rich Saudis do not immigrate here. They come spend a lot of money and/or go to school and generally leave. It is fairly difficult for Saudi Arabians to immigrate to the West and why would they want to? The wealthy generally get to do what they want in Saudi Arabia.
2. You said that " If they could not find jobs in the U.S., they might not take the risks involved in coming there" completely false. If you look at France where it is VERY difficult for illegal immigrants to find work because their system punishes employer severely for hiring anyone without a contract, illegal immigrants risk their lives getting to France only to find themselves unable to work. And yet they remain.
5
@Ann You are correct. Unfortunately the Democrats want open borders, even for violent criminals. They see nothing wrong with letting a domestic violence convict stay in the country with no questions asked. This will GUARANTEE a Trump victory in November.
Watch what happens at the DNC convention. You'll have a spontaneous ABOLISH ICE chant rise up from the crowd. Trump will rebroadcast that chant over and over again until the election and smile/laugh at the democrats for being so stupid.
8
@Ann
What connections? Probably the same ones that Obama and the Democrats had.
Here comes the alt-right.
5
I have read the thirty some comments so far, and there is some truth in almost every one. I believe every sovereign nation should have control over its borders. We do need a reform of immigration laws and a specified manner in which to manage obstruction of the law. I empathize with New York in trying to manage, on many levels, the social problems that occur when these laws are broken. The disorganization of immigration in this country has proceeded too far and now we resort to draconian measures. This is not just a national problem but a global issue. Many people wish to emigrate due to economic, climate, social, and political problems.
The optics of this incident are competing mightily with Trump’s goal to garner support from urban centers, “people of color”, and others who still ask what would we do if we could be humane and fair.
It is the perfect storm of a lack of clear cut rules and solutions regarding immigration that span many administrations and the approach to the current results of those shortcomings, overlain by the repeated divisiveness engendered by the current political situation.
We need reasonable political discourse to solve these problems and whomever we elect needs to be able to inspire it.
5
@TME Next time it could be an illegal immigrant from Ireland. Should that make a difference?
2
“But Mr. Avendaño, an undocumented Mexican immigrant who had previously been deported in 2011 after pleading guilty to an assault charge only to return”
If the Democratic position is to cast the blame for this incident on the agency enforcing the law (excessive use of force notwithstanding), then that’s going to be the hill they’re going to die on this November.
I feel for these immigrants who go to great lengths to seek a better life. And as a country we should figure out an immigration policy that is compassionate and realistic.
But portraying the agency that tries to arrest a man that has entered the country illegally - for the second time, after being deported for assault - as at fault, sounds like a position that all but the most bleeding heart liberals will find hard to agree with.
Let’s keep in mind, as we paint Canada and the Scandinavian countries as a picture of what Social Democracy could look like here, that these countries have borders and strict immigration laws, and that their citizens support these laws. In fact, Americans with a DUI or arrest for drug possession from decades ago trying to cross into Canada have been turned back by their border control.
I don’t know what compassionate and realistic looks like from an immigration policy perspective. But I fear that if given the choice between cruel and nonexistent, the swing voters needed to win in 2020 will choose cruel.
46
ICE says the officers had minor injuries, but one is still in the hospital days later in "stable" condition, which implies something more than a "minor" injury. So which is it?
19
I do not think this individual merits the title "undocumented immigrant". He is in this country illegally which does not qualify him for a title that connotes some sense of rightful belonging. Call him a trespasser.
69
I am sorry someone got shot, but sanctuary cities breed disrespect for law enforcement. The man had been removed once before from the US after pleading guilty to assault the article says. Why give him sanctuary in defiance of federal immigration law?
188
@Conservative Democrat So-called sanctuary cities actually are trying to instill more respect for community values, the law, and law enforcement. If people without legal status, or who live with people without legal status, are a victim of, or witness to, a crime, they won’t be as likely to report the crime or cooperate with law enforcement which makes communities less safe. “Sanctuary” cities more clearly separate local law enforcement from federal immigration enforcement so people can give less weight to their own potential deportation or that of a family member and more weight to helping keep their communities safe.
Immigration enforcement is solely the responsibility of the federal government, not state or local governments. There are numerous tools the federal government has refused to use, such as far greater penalties against employers of those ineligible to work in the US, and it is not the responsibility of state and local governments to make up for that. I don’t want my local and state tax dollars going to do a job that my federal tax dollars are already paying to be done. Especially when it also has a cost to the safety of my community.
24
@Conservative Democrat
The ICE agent shot a legal visitor to this country, who had never been arrested. You have mixed up the guy with the arrest record with the unarmed, legal-with-a-visa man shot by the ICE agent.
14
@Donovan Smith The states have a responsibility to cooperate with the federal government. That is the issue here. And I am not aware of any community in the world where respect and trust is instilled by granting a certain minority a privileged status where they are not required to follow the laws, and yes that absolutely applies to immigration laws as well.
11
How many employers of illegal aliens has ICE arrested, charged and convicted in the past twelve months?
95
@Brian
Try doing that in California. The law there says you can’t check someone’s status.
10
NONE!
4
@Brian
Is that part of ICE's job? I am not sure. It's a valid question; and a related, but a different issue. Which brings up the question of what if the "undocumented" does not have an employer? Or should my neighbors ask gardeners for their documents before hiring them to cut lawns. I don't have any grass. Just rocks and succulents. And a hummingbird feeder.
2
If the Dems are going to question ICE and side with illegal aliens, then my vote is for Mr. Trump. This is sheer madness that a major political party has abdicated its responsibilities towards US laws, all in the pursuit of votes.
75
@Murali Pasupulati
This, folks, is what "open borders" looks like. It's a refusal to comply with immigration laws on any level and regardless of the illegal immigrants' actions. And then there are all the court fights against every measure to contain the caravans.
40
@AACNY
Yes. From sanctuary cities, to not deporting anyone, to birthright citizenship, to chain migration, to catch and release, to “refugees” who travel thru several safe countries to get to the US welfare system, to weakened borders, to grooming the system by bring the get in free kid, to decriminalizing illegal entry, to free Health care for illegals, to drivers licenses, to birth tourism. and on and on, this is open borders whether the democrats call it that or not. It is also the primary reason trump may get re-elected.
16
@AACNY No democrat holding national office, or running for president, supports open borders. It's important to know the facts.
4
So if an ICE enforcer, not in uniform but armed, shoots someone on 5th Avenue, that's okay. It's the ICE enforcer who's the victim, not the person here legally on a travel visa? How does that work? I hope the visa holder sues ICE for a very large amount of money.
44
IF the person who was shot attacked the ICE officers his Visa status is irrelevant.
11
@Enough Already
The man shot is legally here. The man detained isn’t. Try to pay attention.
1
@Paul Just a thought here: if you expect to be allowed to remain in a country legally then you just might want to a kid interfering with that countrys' police. I'd deport him in a heartbeat for doing that. He's lucky he's not dead and if he doesn't have charges of obstruction to face it would be good to know why.
5
The biggest criminal in this case is Donald Trump. He rails against immigrants now, but had no problem in the past hiring them for his businesses. I am a child of immigrants who came to this country to escape horrible conditions in their country of birth. I don't think immigrants come here to murder other people, as Trump has said many times. I think he likes to forget that his wife is an immigrant as are her parents and his.
26
2,000 Americans were murdered by illegal immigrants last year alone. 2,000 lives taken, countless others impacted. Illegal immigration is not a victimless crime.
15
I don't like Trump, but he's absolutely right on this one. Sanctuary cities is terrible policy. Democrat politicians support the concept because opposition to it would cost them minority votes, and without huge majorities of minorities, they won't win many national elections.
63
@Mr. Moderate
Come on. Both major political parties cater to their constituencies. You make it sound like there's something wrong with trying to win the votes of people who aren't white.
(And it's "Democratic politicians", not "Democrat politicians")
17
@Mr. Moderate Votes are VOTES, no matter who they come from. I live in a very safe city with only 60% white population. I think it's a pity more cities are not as diverse as mine, but the "minorities" choose to live HERE, after all. If you're brought up in, and live in a diverse community, I believe you are generally accepting of all citizens' rights, because you evolve into seeing NO difference.
4
@Jeff
Allegedly democrats abhor when laws are broken. At least that's what they've been claiming since Trump was elected.
9
What about the innocent victims of illegal immigrant crimes--rape, murder, etc. I don't see people protesting on behalf of those victims. Ask yourself: why?
If Mr. Hernandez hadn't been in the US, he wouldn't have been subject to deportation AGAIN.
56
@No Planet B
I don’t see you concerned about the victimization of Latino citizens now living in fear of our government who are abused by theft, beatings and other crimes because of this action against sanctuary cities.
Our businesses for generations have invited south of the border labor here to work! They didn’t want to provide a path to citizenship because it would raise wages. We created this and now we abuse these people.
@No Planet B
Uh-huh it matters not the status of folk if they are bad news they are bad news.
But in this man's case there seems to be reasons for his behavior. For many years I worked with immigrants supervising them as a rule they were hard working honest and genuinely nice folk.
I have reservations about Mr Trumps attitude towards immigrants and the policies he has put in place. In my family (the one that adopted me) my grandparents on both sides came to the U.S. as "bond workers". On my father's side it was to escape Ireland and the potato famine, on my mother's side it was to escape poverty in post WW1 Germany. A "bond servant" is a person who sells their lives for a certain period serving the "bond holder". At the end of their service they are given a small amount of money and let go. It was very hard as they came here with almost nothing and turned loose with very little. But they were hard working got their citizenship and made lives for themselves.
One thing that seems to get lost in this, is the U.S. was founded by immigrants.
Just an old white man's opinion...
2
Undocunented immigrants are breaking the law by being in this country, period. Someone who is deported then sneaks back in clearly has no regard for the law and should have no privileges such as a drivers license, health care or education. Enough is enough!
.
62
So a bunch of ICE guys show up at 7 am without identifying themselves as agents of the Federal Government, and ask suspicious questions about a car on the street. They sound like a gang looking to beat someone up. Then, when Mr. Díaz sees his mother's boyfriend about to be grabbed by this bunch, he runs out to help.
Who knows what a bunch of random strangers grabbing a relative means to someone from Mexico? To Mr. Díaz, notably here legally on a tourist visa, it probably looked like a kidnapping. I think he was brave to run out to help. Now he's in the hospital for helping a relative.
Isn't ICE trained to avoid this kind of sad and stupid episode? Those fancy jackets with big white letters would surely have helped--likely Mr. Díaz would have known what was happening if they had, and he wouldn't have charged in. A little more discretion in when to fire a gun would also help.
There's no mention of a sanction against the employer of Mr. Avendaño. Wonder how he has a job as an undocumented immigrant. No one is shooting at the businessman who let this situation develop by employing someone undocumented.
41
@Paula
I'm guessing that ICE didn't identify themselves so there's some element of surprise when they go to round up someone who's been in the country illegally or undocumented for years. On the whole it probably prevents their targets from taking drastic measures to escape--such as driving away or grabbing a weapon.
We don't know the details about why the gun was fired. One ICE officer is still in the hospital to my understanding--so there may had been a lot of aggression displayed by Mr. Diaz.
11
The NYT says “altercation” the CBP says “physically” attacked well there is agreement that someone had a problem with a lawful arrest. The subject was already convicted of a crime and deported once. He violated our laws and returned so he should be found detained and deported AGAIN! The individual who thankfully was only wounded and survived intervened in a lawful arrest by ICE case closed. After his conviction of Obstruction of Justice he too needs to be on the first plane back to his home country. If we don’t like the immigration laws we have a way of changing them to the open border policy our Mayor, Governor, and Senators want. But until that time enforce the laws and if you interfere face the consequences, arrest and depending on how you interfere physical injury too. And yes the “sanctuary” status of NYC/NYS indirectly was complicit in this as well. We already have a problem with illegals guilty of crimes being shielded by this city AND DA’s Office’s lowering charges on violent individuals so they don’t qualify for deportation it’s true. Some system of Justice! One for US citizens and Resident Aliens and another of illegals! Add to it the knuckleheads up in Albany coming up with Criminal Justice Reform to paralyze law enforcement and prosecutions and you wonder why people in NYC no matter how the Mayor and the NYPD Commissioner scream we are safe most feel we aren’t. Smell the coffee folks or you’ll be looking for a job come Nov.
27
What would liberals say if states ordered local police to obstruct the collection of federal taxes?
You'd say that the Civil War was fought a hundred and fifty years ago and that isn't even debatable.
21
@Mmm
This administration and Congress have already successfully empowered the obstruction of federal tax collection. There is little work left for the states there.
6
@Mitch No such theme as "open borders", except in the minds of Republicans who want to instill fear in everyone.
@Tenkan Democrats want to allow 99.9% of illegal aliens who cross the border to stay in the USA permanently.
That's open borders, my friend.
6
This is a ridiculous position: "ICE said the shooting could have been avoided entirely if New York assisted the agency"
To dare to suggest that somehow the overreaction of armed officers in a situation created by the officers themselves is therefore the fault of city officials with no other relationship to the activity than that it happened in their city is preposterous. If you cannot control your bully boys do not send them on to my property. The manner in which the ICE raid was conducted is what caused the altercation in the first place. When officers choose excessive force early in a crisis they created, the results will not be good for the officers or the community.
NYC gun laws reduce but do not eliminate the probability that neighbors might shoot back. ICE is very lucky this mess did not get much worse fast.
19
if this guy driving without a license in a mystery car hit you, you would be out of luck.
38
The guy had been deported for violence, returned to the country illegally, and was arrested (!!) last week for multiple driving violations then let go (!!!). And if the story about the 92-year-old woman is true, there’s no way sanctuary cities—and Democrats—can spin this to help them. I can already see the attack ads in the general running footage of the candidates raising their hands at the debate in support of healthcare for illegal immigrants and the statements they or their surrogates (ahem, Squad members) have made about abolishing ICE.
42
@Chris Pining Just as if someone indicted for abuse of power was acquitted, even though people know he has abused his power, and continues to commit the same abuse. Perhaps he should be deported to NYC>
2
This could have been avoided had he legally immigrated like everybody else.
28
@Craig
So called “legal” immigration into this country is entirely messed up. The paperwork and rules, complicated by high levels of incompetence, make it an impossible option for almost everyone seeking to come.
If the legal process actually worked, we’d have fall fewer undocumented aliens.
1
@Chickpea This guy is from Mexico? Can you find statistics on legal immigrants from Mexico? People from Mexico get more US green cards than those from any other country. Should we simply let that whole country move in?
4
The man was twice deported and still was back in the US someone should build a wall to prevent this from happening again
22
@EAH
Republicans ruminate about 'sanctuary cities' and feel-good solutions like wall building. Meanwhile their administration has decreased the pathways to legal immigration and the parts of the wall built on U.S. tax dollars have drifted into Mexico.
Xenopbobia is a wedge-issue and distraction. A platform based on hatred of 'outsiders' is no solution to long-term economic development in this country-- certainly many immigrants here illegally do dangerous and underpaid work refused by citizens. A better path would be to sanction employers and invest in infrastructure, education and economic development to lift the country as a whole forward.
7
Sounds like it's part of tramp'$ REVENGE ON NYC TOUR. This is the same Individual One who is well known for having aided undocumented workers, for years, and years, at his golf resorts.
17
Also, did we learn nothing from 2016? Democrats made immigration a central issue in the campaign, betting Trump’s extreme rhetoric would finally motivate Latinos—least likely of all racial/ethnic cohorts to vote—to show up at the polls. It was an utter failure.
Democrats don’t have to stay silent about “kids in cages,” but they should acknowledge the reality that most people, including those who support legal immigration, want secure borders. Instead, Democrats reflexively stake the polar opposite position every time Trump mentions it, then accuse anyone who agrees with his broader point—illegal immigration isn’t good—of hating “brown bodies.”
39
New York Police depend upon pubic cooperation with them. ICE is discouraging cooperation. Not good for me or my family to make us less safe. I will not forget this when I vote.
9
@hiuralney
Makes me laugh when I hear the excuse that the NYPD would depend on a bunch of illegals to help them when they (the illegals) are lawbreakers. Hey, what happened to the legal citizens of the city? Don't they co-operate with the NYPD? If that is the only reason to not touch the illegals, then its a pretty flimsy one I must say.
7
So last year there was a shooting during an ICE arrest once every month and a 1/2. This year the rate is 4 times as high. Four shootings in six weeks. Why is that exactly?
16
Historically, the federal government has been required to intervene, using force if necessary, to compel recalcitrant state officials from complying with the rule of law. Presidents of both parties, for example, have called out federal troops to enforce desegregation orders of the courts. Sadly, when a self-styled “sanctuary” politician such as Mayor De Blasio derides the Immigration and Customs Enforcement Service - which is tasked with enforcing the immigration laws against undocumented immigrants - as “illegitimate” and “a wing of the Trump campaign,” he casts his lot with southern governors who, in the past, vowed in the face of superior federal authority to maintain “segregation forever.”
25
@Ken M. NYC is not resisting ICE. They just arent going to spend local tax dollars and risking NYPD lives to enforce federal laws. Its a jurisdiction issue.
3
The simple fact is that people not entitled to work in this country do so for American citizens who hire them and encourage them to come and to stay here without permission. The enforcement of the laws against those who come here illegally while allowing their employers to evade the laws is a travesty. Employers should be prosecuted and if they persist lose their civil rights as felons. This debate from the right is despicably distorted. These people are not coming here for welfare but for jobs offered by unscrupulous businesses.
10
@Casual Observer
The fact is that employers don't coerce anyone to commit assault.
Like in the Obama administration - where nobody said a peep on the Democrat side - the people ICE targets for deportation are convicted criminals who already have been deported once.
6
Many (most) don't want to talk about the root cause of this entire situation: " an undocumented Mexican immigrant who had previously been deported in 2011 after pleading guilty to an assault charge only to return". He should never have been there in the first place, nothing would have transpired and noody would have been injured. This is not about Mr. Trump or ICE, it is about the Law.
120
@Mark
The law, that body of statutes that exists for "our own safety" as well as for top-down control of citizens, is demonstrably riddled with flaws. You speak of what "should" have been. Well, many people on the streets today "should" be in prison for their crimes, and many unjustly prosecuted prison inmates "should" be free. A rigid, black-and-white view of the law may simplify a complicated moral issue, but it is not helpful to those trying to improve the situation as it exists.
6
@Mark The issue is federal officials behaving thuggishly by not identifying them as federal officials and shooting someone they were not even arresting in the face. This is about an innocent bystander being hurt, not about the person they were arresting.
13
@Mark Not to mention the fact that the reason he was deported in the first place was that he had plead guilty of assaulting his girlfriend. An actual violent crime.
As I inquired in another comment here, since when has this become a liberal cause, to protect domestic abusers?
16
The bullet passed through Mr. Diaz' hand before striking his face. This shows his hands were raised. Trump's rhetoric and ratcheting up of this issue for political purposes, coupled with his attitude condoning and actually encouraging police use of force in effecting a stop, lead the ICE agents to this spot. Trump and the DOJ posturing about this issue adds to the problem. If ICE wants people to be detained when already in custody, as implied by this article states and as their lawsuits recently filed against New Jersey and King County, WA implies, then ICE simply needs to get a warrant for their arrest. Then the person would be held for ICE, once the state or local jail term is over. What the feds want to have happen, though, is to have people held without a warrant or any lawful basis, once their jail terms are completed. Local jurisdictions are subject to (and have lost) lawsuit for unlawful detention. The feds are being lazy and expecting local jurisdictions to do their work for them. The feds aren't paying those lawsuits or compensating local jurisdictions for those extra jail days and costs - which can be substantial overall. If the feds want their man, they need to do their jobs and get the warrant. No problem, and all judges would honor the warrant. Otherwise, no authority exists to hold a person without charge or warrant. Enough Trump administration propaganda.
62
@David You don’t need a warrant if a law enforcement officer witnesses a crime. It is called an “on view arrest”. Being in the country illegally is a crime.
16
Unless his hand was raised in an attack modes...
12
@David
quote: "The bullet passed through Mr. Diaz' hand before striking his face. This shows his hands were raised."
Seriously? How exactly does this show anything of the kind?
I'm sorry, I'm a Democrat, and an immigrant myself - but your comment is a perfect illustration of how people on our side are (unfortunately) just as eager to start typing angry comments before trying to parse and process the information involved and just as likely to parrot their side's talking points as the Trumpists.
quote: "If ICE wants people to be detained when already in custody ... then ICE simply needs to get a warrant for their arrest."
You didn't bother reading the article all that carefully, did you? The "retainer" they mention is a form of a warrant. The whole point is that the NYC police appear to be making an effort to release any undocumented immigrant in their custody before ICE has any time to send them a retainer. They appear to be purposefully sabotaging ICE's ability to enforce the immigration law - even when it comes to actual criminals, proven to be such in court - such as the gentleman described in this article (a domestic abuser, no less). You may think this is great, and I know where you're coming from, I live in a liberal bubble myself. But you need to wake up to the fact that this is looking increasingly insane to many regular folks in the country, who would normally vote for a democrat, but will not, on account of this.
19
I have one really serious question that I need answering: Why didn’t the agents follow him to him to his place of employment? I’m sure if the construction site that employed him probably has other undocumented workers. They could have made a raid there, shut down the site, fined/jailed the owner and made an example of businesses that flout our laws and hire people to work off the books.
For all the rhetoric of the right about undocumented immigrants having to follow the rule of law let’s start with companies and businesses that enable people to break the law. A lot of these companies and their workers are not paying taxing by working black. Let’s fill our coffers and disincentivizes undocumented/worker exploration by going after the supply. 
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@Michael Breyer The GOP does not want the illegals to leave, they want them to work cheaper. If they are kept illegal they have no right to fair compensation.
The whole anti brown people thing is just to get their racist based worked up, but they really don't want them to leave. Thus they seek no solution in legislation. It is a good political hot button that the white serfs of Trump fall for every time.
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@Michael Breyer
Perhaps the ICE agents considered that, but afraid of losing him on the way. In other words, "A bird in the hand...". Just a guess on my part. What do I know?
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@Michael Breyer And when millions lose their jobs because they are here illegally, then who will support them? You honestly don't think we'll just deport those millions. And their families? Many kids are legal as they were born here when their parents take advantage of birth citizenship. Will you say we are evil if we send those kids back too, or worse, 'separate kids' from their families?
Your solution isn't a solution unless you are serious about removing illegal immigrants (over 20 million and counting).
1
if the states could do whatever they want, what would things be like in Alabama and Mississippi? As I recall, states like this found out the hard way that in the US system, the Federal government is supreme.
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@Jonathan
And here I thought that Alabama and Mississippi actually did do things differently than most of the other states.
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@Jonathan ,
I hear Alabama and Mississippi DO whatever they want. And it’s not so good for many of their citizens.
And our (current) federal administration doesn’t care about these citizens.
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@Jonathan
ICE should be shaking down Individual One'$ golf resorts. For the love of God...wake up people. He's trying to bring NYC down by causing riots.
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The federal government is sending armed forces into selected states to harm the people there. We fought a revolution to prevent this from happening. It's time to split the US up into various pieces that can make their own decisions about how to treat their residents.
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@Tibby Elgato We also fought a war to prevent the country from splitting up also. More Americans died for that cause that all other wars combined. My wife is an immigrant. We followed the law and she is here legally. We have an immigration system. I saw first hand how it works, and it does work.
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I vote we petition Canada to let NY become a province of Ontario.
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@Tibby Elgato
No. "We" fought a revolution because "we" didn't like paying taxes.
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Where the article reports that "an altercation broke out," I question the use of passive voice. Did Avendaño comply or resist? Why not clarify this, other than to avoid the possibility that the reader might leave with the conclusion that this unfortunate incident was essentially Avendaño's doing because he resisted and escalated the situation?
I don't think most Americans (even New Yorkers) agree that we should have no control over whether or not deported convicted felons can illegally reenter the country with impunity. I'm no fan of ICE or most conservative immigration policies, but if we're not going to look at this with even a modicum of reason, why should Republicans?
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@Telecaster
Individual One is no fan of ICE, either, unless he can keep all his undocumented golf resort workers with their provided fake ID'$ in tact.
He's kicking off his Revenge on NYC TOUR.
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Telecaster,
I thought the same thing! It seems like the author is obfuscating or, at the very least, uncritically accepting the account of the “community activist,” who is obviously going to be biased. You can be sure these details won’t go unnoticed in rightwing media.
Honestly, this is the kind of reporting that has made people so receptive to Trump’s disdain for the press.
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@Telecaster The NYT is looking at this with reason. It's probably said in the passive voice because that portion of a police encounter is always highly contested. As much as you wonder if Mr. Avendaño resisted or escalated, one could also ask if the ICE agents had identified themselves as law enforcement before resorting to force or whether they escalated in other ways. I'm sure the witnesses and the agents have different versions of what happened so it'd be irresponsible for the NYTimes to leave the readers with any conclusion about this portion of the story.
5
This doesn’t pass the sniff test.
NYPD will not detain someone simply because they are unsure of immigration status.
However, if there is a known criminal or known violator of previous deportation due to criminal activity, that person will be in the system and will be held.
It honestly sounds like ICE is purposefully looking to cause issues simply for Trump talking points against cities like NYC.
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That is exactly what they’re doing.
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@Bob Lob
Plus, they are trying to justify shooting an innocent bystander whose status was 100% legal.
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@Paul He wasn't an innocent bystander if 2 cops were treated and one is still in the hospital recovering. As usual, you have to read between the lines of mainstream media's narrative and put the pieces together for yourself. I am also concerned someone was shot, but as usual, it sounds like if they would have surrendered peacefully it could have all been avoided.
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"ICE said the shooting could have been avoided entirely if New York assisted the agency rather than limiting when law enforcement authorities will turn over undocumented immigrants." The shooting of an unarmed man on a NYC residential street could have been avoided if the ICE agent kept his gun in its holster.
Obviously federal ICE agents aren't as well trained or disciplined in the application of deadly force as the NYPD. Critics of the NYPD should keep that in mind.
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@fromupstate
The ICE agent who pulled the trigger should be charged with attempted murder. If he was acting according to regulations then he will be found innocent. If not, then prison time.
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@fromupstate Clearly you missed the part where the subject had a violent past and an "altercation broke out" (it sounds like NYT is avoiding saying he violently resisted arrest). A federal agent is in the hospital. Whether or not someone is unarmed doesn't mean they aren't a serious threat.
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@Jon
If you understood what you read, you’d know that ICE shot the son of the girlfriend of the detainee. The son of the girlfriend of the detainee is here on a valid visa, and he was unarmed and had his hands up. Please try to justify such a shooting.
1
It's a complicated issue. I don't understand why the suspect's girlfriend's son was shot in the cheek. That sounds like what could have been a much more serious tragedy, barely avoided.
But when people enter the country illegally they cannot realistically expect that our laws will not be enforced. And when ICE or any other law enforcement agency attempts to make an arrest, it is foolhardy to violently resist and risk serious injury or death, to yourself and others nearby.
I am genuinely sympathetic to my fellow humans who come here to avoid death and poverty in their home country. I do not know what the answer is to this dilemma. But we must either enforce our immigration laws, or we must change them. When laws are not enforced, it makes us lawless.
And, as much as I dislike our current so-called President, we live under a Federal Constitutional government. Federal law supersedes State law. It is therefore illegal for individual states to refuse to cooperate with the federal government. The States, too, must follow the laws, just as the immigrants must.
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@Scottapottomus
I am a democrat, but recently realized I cannot support my parties crusade for “rule of law” only when it applies to trump and Republicans. If we don’t like the immigration laws, then let’s work to change them. Otherwise, we must offer bipartisan support of our laws. We will possibly discourage those who try to enter, when they know that that is universally not supported. We really must not be hypocritical about enforcing our laws.
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@Scottapottomus
You are missing an important point. If ICE obtains an arrest warrant then all jurisdictions will detain a person already in custody, even beyond when the jurisdiction was supposed to release the person. As noted in another post, jurisdictions have been successfully sued for detaining a person beyond their release time waiting for ICE to show up after ICE issued a detainer (not an arrest warrant).
In this case, ICE hadn’t gotten around to even issuing a detainer. Should jurisdictions keep people in jail for days, or weeks, or months, waiting to find out if ICE has an interest in them?
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@Scottapottomus You are completely missing the point of 'sanctuary cities'. One thing you are correct about is that federal law supersedes state law. Immigration is a federal issue. Not a state issue. Not a city issue. Federal. Therefor, why should states/cities waste their time/money/personnel enforcing federal law? I do not want my city spending their limited budget in order to do the federal government's job. It simply is not their job.
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There is plenty to critique about how law enforcement manages to escalate so rapidly to gunshots. That being said, things usually don't start down this path with our enforcement agencies without some provocation - not that there haven't been exceptions. People with no business being in this country to begin with should not expect flowers and chocolates, particularly if they're getting into a fight with our law enforcement personnel.
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Flowers and chocolates??? How about not getting shot in the face?
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@Detective Frank Drebin Oh wow, an LAPD officer who doesn't bat an eye over the shooting of an unarmed bystander by the law enforcement, who wasn't even being investigated or arrested.
It wasn't the person they were trying to deport who was shot in the face, it was the SON of his girlfriend, who was in the US legally on a tourist visa, with his empty hands raised.
But it's great to know that police brutality and callous disregard for the safety of the public are still fundamental values of the LAPD.
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@Kathleen FitzGerald
Do you know the circumstances under which the ICE agent's gun went off. If you are here illegally, then you are a law breaker. You have to go.
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This could have been avoided it I.C.E. personnel would follow the law and get papers from courts instead of trying to take short cuts.
Nobody in INYC government is refusing to cooperate with properly prepared orders.
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You miss the point: there are far too many forms of government "policing" everyone in this country (and many others). We have the NSA, FBI, CIA, ICE, ATF, Homeland Security, Coast Guard Intelligence, Defense Intelligence Agency, State Police, Sheriffs, Military Police, Local Police, all branches of the US Armed Forces, and now the Space Force. It is beyond overkill. We could eliminate half of these agencies and still have more than any country in the world. They must go!
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@Easy Goer
We have different points to make.
You say too many, I say the ones we have refuse to follow the law.
We're probably both right.
12
Easy Goer,
Come on. That’s like saying, “We have the Marines, the Army, the Air Force, the Navy, the Green Berets, SEALs, and Merchant Marines. It is beyond overkill!”
They serve different purposes. Sometimes, those purposes overlap. To the extent that it can sometimes cause problems, the solution isn’t to throw up our hands and give up.
7