NYC Congressional Hopeful Says Deporting Convicted Migrant Criminals Violates Constitution

Darializa Avila Chevalier, a Democratic congressional hopeful in New York City, stated that deporting immigrants convicted of crimes would be unconstitutional. Chevalier, described as a socialist candidate for New York's 13th Congressional district, expressed her belief that immigration authorities should not pursue deportation for any individual who has committed a crime.

In an interview on the podcast "Who's Running This Place," Chevalier argued that the justice system should treat all individuals equally, regardless of their citizenship status. She drew a parallel to how citizens who commit crimes are processed through the legal system and face consequences.

"But if that person is for some reason not a citizen or is born elsewhere, all of a sudden they have to face an additional level of scrutiny through ICE (Immigration and Customs Enforcement)," Chevalier said. "That is, in itself, a violation of our constitution on the basis of where someone was born."

Chevalier's remarks come after she has previously garnered attention for other policy stances. She has advocated for abolishing police, prisons, and borders, and has supported government seizure of private property and the implementation of communist-like economic policies. She is backed by NYC Mayor Zohran Mamdani.

The candidate's comments on immigration enforcement drew criticism, with some social media users questioning her understanding of the issue.

Chevalier's public statements on immigration enforcement have also been linked to an incident earlier this month where an ICE agent shot a suspected gang member in New York City. Following the shooting of Oscar Belgal, a 28-year-old Dominican national, Chevalier and the Democratic Socialists of America called for the removal of NYPD Commissioner Jessica Tisch. At a rally after the shooting, Chevalier stated that Belgal's criminal history was irrelevant. The day after the shooting, she demanded the commissioner's resignation, characterizing ICE officers as a "militia."

Chevalier's past statements, some of which were deleted from her social media accounts during her congressional campaign, include calls for the complete abolition of police and prisons. She has also expressed support for "abolishing the border" and advocated for landlords' properties to be seized and transferred to the government. Additionally, she has made controversial remarks regarding interracial relationships and described the United States as a "disgrace."

During the 2024 election cycle, Chevalier referred to President Joe Biden as a "rapist" and a "war criminal" and expressed intrigue with "the pyromania associated with anarchism."

Earlier this year, Chevalier reportedly left an interview after being pressed about her social media posts. The interview's host stated she was offended by Chevalier's previous framing of the Dominican flag as "violent." Chevalier responded by saying she wished to focus on the "issues" facing New York 13 residents and left the studio when the hosts spoke over her.

These exchanges occurred shortly before Chevalier's victory in her district's Democratic primary, where she defeated incumbent Adriano Espaillat in an upset.