Should Westchester Law Enforcement Work with ICE? Will Westchester Lose Federal Funds?

By Dan Murphy
President Donald Trump has threatened to cut Federal Funds to local governments that do not cooperate with Immigration and Customs Enforcement, ICE, and the removal of criminal illegal immigrants. And while Trump has been known to threaten one thing only to not have it happen at the end, Westchester County government and the County Board of Legislators have discussed the subject of $300 Million in Federal Aid.
Yonkerstimes.com has learned of a meeting between County Attorney John Nonna and members of the County Board of Legislators in which the topic of losing Federal Aid over the Immigrant Protection Act was discussed.
That discussion prompted County Legislator James Nolan, the only republican on the BOL, to write a letter to County Executive Ken Jenkins and BOL Chair Vedat Gashi to revise the Immigrant Protection Act, IPA, which former County Executive & Congressman George Latimer signed into law in 2018. The IPA prevents Westchester County from using any of its resources to assist in federal investigations based on race, gender, sexual orientation, religion, ethnicity or national origin. In general, the Immigrant Protection Act outlines what information county law enforcement will require from those with whom they interact and how this information is shared with all levels of law enforcement.
Nolan wrote, “I sent a letter to my colleagues at the Westchester County Board of Legislators regarding an urgent matter and I am requesting that they join me on something that can no longer be ignored. Recently, some elected Democratic officials have finally begun to express concern about finances, particularly in light of the potential significant loss of federal funding to local municipalities. This is not just a concern; it is a major issue that we must confront head-on.
“Westchester County’s “Immigration Protection Act” prohibits ICE from collaborating with our law enforcement and corrections agencies. This poses a serious problem, as it allows violent criminals to evade prosecution and deportation, directly endangering our communities. We cannot afford to act as if our local government operates independently of the federal government.
“Federal representatives and agencies have already warned Westchester County of the dire consequences if we maintain our status as a “Sanctuary County.” If we persist in this path, we risk losing a staggering amount of federal funding. Westchester County receives over $300 million directly from the federal government and another $300 million through New York State which some comes from the Federal government as well. Such potential cuts of any kind would irreparably harm our budget, jeopardizing essential programs and services, and forcing us to consider layoffs or tax hikes, which I will not entertain.
“Let me be clear: we must create a clear and actionable plan to protect the law-abiding and tax-paying families in our communities coming here to seek a better life legally, alongside American citizens, while ensuring that those who pose a threat are held accountable. My proposal is straightforward: we need to revise the Immigration Protection Act to cooperate with ICE specifically to ONLY remove violent criminals from any country in the world. If my colleagues genuinely wish to prioritize our budget and support law enforcement, now is the time to unite and take action. We cannot allow much-needed federal funding and the safety of innocent people to be put at risk because of political agendas. Other municipalities across the country are facing severe funding cuts; let’s not allow Westchester County to fall into the same trap,” said Nolan.
Both Latimer and County Executive Ken Jenkins have stated that Westchester County is not a Sanctuary County, and that the Immigrant Protection Act does not make Westchester a Sanctuary County. The county requires ICE to get a signed order from a judge before local law enforcement can cooperate.
But others have pointed out that ICE needs a Judicial Order in order to detain non-citizens and when taking persons into custody from jail.
Nolan’s Facebook post, (https://www.facebook.com/jimmy.nolan2) which included the letter that he wrote to Jenkins and Gashi, also included some comments oppoising his efforts.
“James, as your constituent, I am deeply disappointed and honestly horrified that you would push this. Everyday we see how ICE is increasingly acting in a despicable manner with immigrants, green card holders, and even US citizens. They are stereotyping people and going after those that don’t have any criminal records. Even children are being targeted. YOUR Community is made up of an incredibly diverse group of people, many who are immigrants or whose families are immigrants. These people don’t make our communities unsafe, they are our construction workers, nurses, restaurant workers, babysitters and much more. It’s quite alarming that you are espousing the vilification of the very people that have helped build up our communities,” posted Ariana Aguilar.
Nolan said, “I’m asking to work together to come up with a pathway to protect the innocent that want to come here for a better life and ONLY remove the violent criminals who pose a risk and have been arrested for things such as sexual crimes, murder, weapons charges, assault, and so on. VIOLENT criminals should not be the reason why our county loses so much federal funding. AGAIN if someone and their family comes here for a better life and contributes by paying taxes, don’t break the law, and do everything the American dream consists of then they should not be deported. I don’t see what’s the issue with allowing ICE to have the authority to work with our law enforcement to ONLY remove the ones that are murdering innocent people, conducting sexual crimes, and many dangerous things.”
Aquilar responded with the argument, “We have a well funded police force in Yonkers and throughout Westchester county that already goes after violent criminals. Anyone who commits a violent crime, has the police and our judicial system to face.”
Nolan would have to submit legislation amending the IPA in order to get a BOL debate on the matter. There are 15 democrats, 1 conservative and 1 republican (Nolan) on the county board.