NY Governor Pardons Immigrant Convicted of Felony Assault to Prevent Supreme Court Precedent

New York Governor Kathy Hochul granted clemency to Keisy Guerrero Mariano, a Dominican national convicted of second-degree assault, in an action that has drawn criticism for potentially undermining immigration enforcement.

Guerrero Mariano, referred to in court documents as G.M., was convicted in 2015 and served two years in prison for the violent crime. Immigration and Customs Enforcement (ICE) had moved to deport him in 2020 based on his criminal record. However, ICE was compelled to release him in 2022 due to a nationwide injunction related to COVID-19 protocols that required the agency to review the custody of individuals with certain medical conditions.

While in ICE custody, Guerrero Mariano's legal team challenged the agency's right to detain him for an extended period without a bond hearing. This legal challenge became a potential test case for the Supreme Court, as the Trump administration had planned to use it to establish that immigrants convicted of aggravated felonies are not entitled to bond hearings. Such hearings can prolong the deportation process and allow individuals to be released from detention, potentially evading future court appearances.

Governor Hochul's decision to pardon Guerrero Mariano on August 28, according to critics, appears intended to preempt the Supreme Court's involvement. The pardon effectively nullifies the conviction that served as the basis for deportation proceedings, thereby collapsing the appeals process.

This action contrasts with the pardons granted to five other individuals on the same day. Those individuals were convicted of non-violent offenses, with most of their crimes occurring decades ago. Guerrero Mariano's 2015 conviction is significantly more recent.

Critics argue that Hochul's pardon prioritizes a liberal stance on immigration, even when it involves individuals with violent criminal histories, over the safety of American citizens. The pardon is seen as a maneuver to prevent a Supreme Court ruling that could strengthen the government's ability to detain and deport immigrants convicted of serious crimes.

Another case involving a Jamaican national convicted of child sexual abuse in New York was also removed from the courts. This occurred when the individual reportedly left the country and filed a declaration stating he would not return, making his claim for a bond hearing moot through self-deportation.

Legal experts and critics, such as Daniel McCarthy, editor of Modern Age: A Conservative Review, maintain that "mandatory deportation" should be strictly enforced for immigrants who commit serious offenses. They contend that such individuals should be promptly expelled without the benefit of bond hearings, which can be exploited to delay removal. The governor's actions are viewed by opponents as partisan machinations that place foreign nationals convicted of crimes above the interests of New Yorkers and American citizens. MCCARTHY states that "Mandatory deportation” should mean just that: An immigrant who commits a serious offense must be expelled promptly — not get the benefit of a liberal governor’s partisan machinations.

MCCARTHY adds, "New Yorkers — American citizens — elected Kathy Hochul. She should put them first, not foreigners who commit crimes while they’re here — legally or otherwise."