Is Westchester Now a Sanctuary County?
By Dan Murphy
Last week, the Westchester County Board of Legislators passed the Immigrant Protection Act with a bipartisan vote of 11 legislators voting “yes” and three Republican legislators voting “no.”
County Executive George Latimer singed the IPA this week, which states: “No county officer or employee may respond affirmatively to a United States Immigration and Customs Enforcement or Customs and Border Protection request for non-public information about an individual – including but not limited to non-public information about an individual’s release from the custody of the Department of Public Safety or the Department of Corrections, home address, or work address, unless the request is accompanied by a judicial warrant, or;
“A county officer or employee shall not inquire about a person’s immigration status unless: Such person’s immigration status is necessary for the determination of program, service or benefit eligibility or the provision of county services; or such officer or employee is required by law to inquire about such person’s immigration status.”
Last year the same IPA was approved by the County Board 10-5, but was vetoed by then-County Executive Robert Astorino, and an override of Astorino’s veto was unsuccessful. Eight months after that vote, the political landscape of Westchester has changed vastly, with Democrat George Latimer now acting as county executive and three new Democrats on the County Board.
“The Westchester County Board of Legislators has completed important work on this legislation,” said Latimer. “They came together in a bipartisan way to protect the people of Westchester. They listened to law enforcement officials, advocates and residents, and drafted a law that is about safety – and nothing else. This legislation in no way goes against federal law, and in no way will allow criminals to be harbored. To say otherwise is simply not true.”
Despite the IPA becoming law in Westchester County, the debate continues over what the IPA does, and whether, in fact, it makes Westchester a “Sanctuary County.” Democratic legislators stated after the vote that the legislation is not a sanctuary bill but defines what county law enforcement can ask about a person’s citizenship or immigration status and what information the county will share with federal officials.
The Westchester County Departments of Public Safety, Corrections and Probation all supported the legislation and agreed that it will protect all people without violating the law. But last year the County Public Safety Commissioner at the time spoke out against the IPA.
County Board Chairman Ben Boykin said: “I applaud my colleagues for the passage of the Immigration Protection Act. Moving this legislation, which had been thwarted by the prior county executive, was a priority for the new board and I commend all those who were involved in crafting this latest version. The Immigration Protection Act will foster the safety of all of the county’s residents by removing any trepidation some in the community might have about their interactions with the county’s law enforcement agencies and I’m proud that we’ve been able to craft something that has the full support of both advocates for the immigrant community and the county departments responsible for public safety, corrections and probation.”
County Legislator Virginia Perez, one of four legislators from Yonkers, has played an important role and has served as an important voice in the debate, both last year and this year.
“I’m an immigrant myself,” she said. “And I’m the only Hispanic on the Board of Legislators. So, as a Hispanic immigrant, it means a lot to me as a resident of the City of Yonkers. But as a Hispanic legislator, as an immigrant legislator, it means the world to me that I’m able to provide this for my community. Not everyone is an illegal immigrant.
“Some of that misinformation that’s being spread around the community is that we have just passed a law to protect criminals, and it makes absolutely no sense,” she continued. “Lawmakers are not going to pass a law to protect those who break the law. This is just to give a sense of security to those hard-working and law-abiding immigrants.
“I am proud to have been one of the lawmakers to bring this great legislation to fruition, and I hope it will help alleviate any fear of law enforcement in our communities and allow hard-working immigrant families to continue their pursuit of the American dream safely.”
BOL Majority Leader Catherine Parker added: “The passage of an Immigration Protection Act is important to most residents of Westchester who value public safety and due process. During last year’s election we know it was a factor in their decision of who to support. I thank my colleagues, especially Legislator Catherine Borgia, for her work with our public safety and law enforcement departments, as well as advocates, in creating policy that protects all concerned.”
Three of the four remaining county legislators voted against the IPA, with Republican Legislator David Tubiolo changing his vote from last year and voting “yes” this year, making the vote bipartisan. County Legislator Gordon Burrows did not comment during the debate and did not add his name to a press release issued by two Republican legislators, Minority Leader John Testa, and Legislator Margaret Cunzio.
“Despite its name, the Immigrant Protection Act does not provide new protections for our immigrant community,” stated Testa and Cunzio. “In fact, the IPA, as it is written, protects criminals while putting innocent people in greater danger. The act will make it more difficult to make transfers of prisoners at the county jail who are wanted on federal charges by Homeland Security. The jail provides a safe and neutral place to make such transfers. Under this act, transfers would be moved into the community, which poses greater risks for innocent members of the community and law enforcement.
“We want our immigrant community to feel safe and welcome in Westchester County. We applaud District Attorney Scarpino for establishing a task force within his office to ensure that those immigrants coming forward to report crimes will not face repercussions related to their immigration status. Nurturing trust between law enforcement and the immigrant community is an essential component to that objective. No one wants to prevent victims of crimes, especially domestic violence, from being reported out of fear of immigration issues. Shielding people who are accused of committing crimes from federal authorities is dangerous and irresponsible. When someone who is in this country illegally commits a crime, their victims are usually fellow immigrants. Why would we want to protect these predators?
“The IPA is designed specifically to do only two things; protect undocumented criminals sitting in the county jail and eliminate the distinction between legal and illegal immigration. Anything that inhibits law local enforcement from working closely with their federal law enforcement partners like the FBI, the Department of Homeland Security and other agencies is a bad and reckless idea,” stated legislators Testa and Cunzio.
One important change to this IPA and last year’s act, according to Testa and Cunzio, is: “The IPA states that county law enforcement agencies shall not communicate with federal immigration authorities. One exception to this directive contained in an earlier version of the IPA was if the individual was a known gang member. This is a reasonable exception since we know of MS-13’s growing presence on Long Island, which is close proximity to Westchester. Why not include this provision since there are national databases that could be used to identify such individuals? However, it was removed and when we asked for it to remain in the law, it was denied.”
After Latimer’s signature making the IPA county law, Westchester became the first county in New York State to pass an Immigrant Protection Act. The debate over whether this legislation deems Westchester a “Sanctuary County” continues, and may be decided by U.S. Attorney General Jeff Sessions, and the Justice Department, who may impose sanctions against Westchester and withhold grant monies if federal law enforcement is not allowed to pursue and apprehend undocumented criminals.
After the vote, attorney and Pace Law professor Vanessa Merton said: “Did we just make Westchester a ‘Sanctuary County?’ No, we did not. Could Jeff Sessions lawlessly come after Westchester nonetheless? It would not be a shock considering this is the county of Hillary Clinton; this is the county of Gov. Cuomo; and this is the county where Rob Astorino is still nursing his grudges. So, is it quite possible that there might be action by the Justice Department, albeit completely contrary to law? Yes, that could happen.”
Legislator Testa said he believes otherwise. “According to federal guidelines, the IPA will clearly cause Westchester County to be classified as a ‘Sanctuary County,’” he said. “I believe we’ll be considered and declared a sanctuary jurisdiction under the federal guidelines by the attorney general.”
