Three West African migrants, detained as part of ICE’s efforts to curb counterfeit sales on Canal Street last fall, have been ordered to be released, with one judge labeling the arrests as “blatantly unlawful.”
Judges in both Manhattan and New Jersey have mandated the release of Mamadou Ndoye, Sergigne Diop, and Abdou Tall, citing illegal arrests by ICE agents in Chinatown, according to court documents.
In a ruling dated December 29, New Jersey District Judge Karen Williams criticized the October 21 arrest of Diop, a 19-year-old with a special immigration status intended to help neglected youth achieve citizenship, deeming it “blatantly unlawful from the start.”
On February 5, Manhattan District Judge Vernon Broderick ordered the release of Ndoye, a 45-year-old from Mali who has been in the U.S. for years. Although the government had a final order of removal against him, they could not justify how they identified or why they apprehended him, as noted by the judge.
“Simply having a final order of removal doesn’t allow for detention without due process,” Broderick stated in his decision.
Despite this ruling, Ndoye was re-arrested by ICE just a week later during what was supposed to be a routine GPS monitor adjustment, as reported by Gothamist. He is currently detained at an immigration facility in New Jersey.
Tall was arrested by ICE in a similar Canal Street dragnet in November, court records show. Manhattan District Judge Arun Subramanian ordered him freed in a two-paragraph ruling on Dec. 23, finding similarly that his arrest was unlawful, court papers said.
At least four of the other seven alleged vendors nabbed by ICE in October are still locked up, and are being held at immigration jails in New Jersey and Louisiana, the agency’s online detainee locator shows.
The dramatic October raids sparked impromptu protests from locals and criticism from then Mayor Eric Adams.
“Our administration has been clear that undocumented New Yorkers trying to pursue their American Dreams should not be the target of law enforcement, and resources should instead be focused on violent criminals,” Adams said in a statement at the time.
The NYPD noted at the time that it was not involved in the fed sweep.
Department of Homeland Security officials touted the arrests in a press release where they announced that they were “MAKING NEW YORK’S CANAL STREET SAFE AGAIN.”
DHS also defended the busts in spite of the recent court losses.
“Despite activist judges, President Trump and Secretary (Kristi) Noem will continue fighting for the arrest, detention, and removal of criminal illegal aliens who have no right to terrorize our communities,” DHS spokesperson Tricia McLaughlin told Gothamist in a statement.
