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The New York TimesThe New York TimesPolice Release 10 Day Laborers Arrested at Gathering Place in QueensBy KIRK SEMPLE
Published: October 22, 2008
Charges against 10 men accused of blocking a sidewalk at a popular Queens gathering place for day laborers will be dismissed after six months if the defendants stay out of trouble, the Queens district attorney’s office said on Wednesday.
The men, who were arrested on Tuesday on charges of disorderly conduct, were all released from police custody by Wednesday afternoon, and their cases were “adjourned in contemplation of dismissal,†said Helen Peterson, a spokeswoman for the prosecutor’s office.
Police officials said that they had arrested the men, all of them day laborers, after repeated complaints from residents near the intersection of Broadway and 37th Avenue, one of several intersections in Jackson Heights where scores of laborers gather every day hoping to be chosen for work.
The police said that they gave the men a chance to disperse and detained those who did not leave the site. But several laborers who witnessed the arrests said that the police officers had given the men no such opportunity and simply asked them for identification before taking them away in two police vans.
Advocates for day laborers said that the arrests were highly unusual; the police have generally allowed day laborers to gather on certain street corners around the city in search of employment, a quest that has become increasingly difficult this year as the economy has worsened.
But police officials said that their action was a response to neighborhood complaints and did not signal the start of an offensive against day laborers.
Immediately after the arrests, day laborers who remained on Jackson Heights street corners expressed fear that the men who were arrested, many of whom were believed to be illegal immigrants, might be deported.
But police officials said they had not notified federal immigration officials of the suspects’ status. The police officials did not respond to repeated requests for an explanation of their policy regarding the notification of federal immigration authorities when they have an illegal immigrant in their custody.
Ms. Peterson said that “as a general rule,†the Queens district attorney’s office did not ask an arrested person about immigration status. But she added, “In rare cases, however, such as when a defendant has re-entered the country after having been deported, which is a federal crime, we do notify federal immigration authorities.â€
This protocol is in keeping with a citywide policy, established by two executive orders, not to inquire or report on the immigration status of city residents who approach the city seeking services, information or help, according to Guillermo Linares, commissioner of the Mayor’s Office of Immigrant Affairs.
The orders, known collectively as Don’t Ask, Don’t Tell, are intended to encourage illegal immigrants’ trust in the city’s institutions, he said. “There are half a million New Yorkers who are undocumented and may be fearful of approaching government when they have information,†Mr. Linares said.
But he said the orders provided law enforcement officials with some discretion to report a suspect’s immigration status to federal officials.