The Westchester County Legislature’s Democratic Caucus has added new provisions to its recently proposed Immigration Protection Act, which sets forth a policy on immigration enforcement, in an effort to strengthen the language in the bill.
On Feb. 8, Democrats first introduced the proposed legislation, which aims to prevent Westchester County from aiding the federal government in investigations made on the basis of race, gender, sexual orientation, religion, ethnicity and national origin.
The legislation was submitted to codify existing policies while also drawing from model ordinances put in place by the New York state attorney general’s office to alleviate concerns about the treatment of immigrants living in county.
The Democratic Caucus’ proposal comes in wake of President Donald Trump’s recent initiative to deport undocumented immigrants nationwide.
“The intent of this act is to alleviate fear and create protections for our county’s immigrant population without violating federal law,” said county Legislator Catherine Parker, a Rye Democrat. “All too often members of our community, documented and undocumented, are fearful of calling the police or utilizing county services.”
U.S. Immigration and Customs Enforcement, ICE, agents have arrested 41 people in the New York metropolitan area in February, according to the federal department.
With a growing fear of many more immigration raids to come, on Feb. 24, county Democrats added four new conditions to the proposal, including language that prohibits county officers and officials from honoring requests made by ICE and Customs and Border Protection, CBP, that do not give rise to probable cause, and protects Westchester from liability due to false arrests and imprisonments.
Additionally, county Democrats specified that municipal services should be made available to all who are eligible notwithstanding their immigration status, and that confidential information shared amongst county departments should remain safeguarded.
According to Joe Sgammato, the press secretary representing the county Democratic Caucus, the new provisions are intended to fortify parts of an existing executive order previously made by former County Executive Andy Spano, a Democrat, in 2006, which relates to confidential information and immigration status.
Sgammato added that with uncertainty about the opinion of current County Executive Rob Astorino, a Republican, the Democratic Caucus has proposed new provisions to the Immigration Protection Act to prepare for any potential plan in the future to repeal Spano’s executive order.
In Westchester County, the current county executive can repeal any executive order made by someone who previously held the position.
But, according to Ned McCormack, the communications director for the county executive’s office, Astorino has no intention of rescinding Spano’s order. “When County Executive Astorino came into office, he went through and rescinded a number of executive orders, but not this one because he thought it had merit,” McCormack told the Review.
McCormack declined to comment on the proposed legislation however, which he confirmed the county administration has not even read to this point. “We want to make sure the county and all its citizens are taken care of, but we first want to wait and see when the [bill] is final,” he said.
The bill, which was referred to the committees on Budget and Appropriations, Legislation, and Public Safety and Social Services on Feb. 13, is sponsored by eight Democrats on the Westchester County Board of Legislators. If passed in committee, the bill would then require the vote of nine members of the full 17-member Legislature for it to be approved.
County Legislator David Gelfarb, a Rye Brook Republican, said he could not support the legislation without hearing from the Westchester County Department of Public Safety first. “I think we should do everything we can to promote legal immigration and protect hardworking immigrants that contribute to our county,” he said. “However, we need to hear from [the Department of Public Safety] on how it might impact them.”
On Feb. 27, a number of Democratic elected officials held a rally in support of the proposed law in White Plains, including state Sen. George Latimer, of Rye; state Assemblyman David Buchwald, of White Plains; county Majority Leader Catherine Borgia, of Ossining; and county Legislator Ken Jenkins, of Yonkers, who recently announced his bid for county executive this year.
“In the days since the Immigrant Protection Act was written and introduced, we have seen a huge swell in grassroots support,” Borgia said. “At a time in our nation when divisions run deep, it is encouraging to see so many of my neighbors ban together to say we must pass this bill to help our immigrant brothers and sisters.”
George Longworth, the commissioner of the county Public Safety Department, could not be reached for comment, as of press time.
