NYC Sues 30 Counties Over 'Xenophobic' Migrant Housing Bans

NEW YORK — New York City sued nearly half the state's counties Wednesday over their attempts to keep out international migrants, the latest escalation in an ongoing battle between city officials and local leaders.

Named in the lawsuit against 30 counties were Suffolk County Executive Steven Bellone from Long Island and several Hudson Valley officials including Dutchess County Executive William O'Neil, Orange County Executive Steven Neuhaus, Putnam County Executive Kevin Byrne, and Rockland County Executive Ed Day.

The suit, filed in state court Wednesday, accuses at least 30 New York counties of seeking to "wall off their borders" to asylum seekers through "xenophobic" executive orders that violate state and federal law, the Associated Press reported.

According to the suit, "The prospect of a few hundred asylum seekers being located temporarily in a hotel willing to take them — with the City retaining fiscal responsibility, paying for lodging, and providing transportation, meals, and social services — cannot reasonably be described as a public emergency,' much less a public emergency that imperils public safety."

Orange County spokesperson Justin Rodriguez said Thursday the city's suit lacked merit. "Its boldfaced actions of sending individuals from the City to Orange County is in clear violation of State Law and is the real problem. Orange County will continue to assert and protect its rights in ensuring that the rule of law is followed by all."

A lawyer for the city argued that all the executive orders were misguided as well as unlawful, "premised on false claims," said Sylvia Hinds-Radiz.

In response, O’Neil told Patch, "While Dutchess County does not comment on pending litigation, I will reiterate that the County’s actions to this point are legitimate and have been made with the best interest of all involved."

New York City has struggled to care for the influx of asylum seekers, converting hotels and houses of worship to shelters as Mayor Eric Adams repeatedly declared that the city had reached its limit on new arrivals. Last month, the city began busing dozens of migrants to a handful of hotels north of the city.

"In the current statewide emergency and humanitarian crisis, every day counts and every bit matters," the suit states. "The number of individuals who would be temporarily placed in any hotels in any particular Respondent's jurisdiction is relatively small in the scheme of the crisis, and poses no cognizable harm to Respondents or their communities. But these modest steps can add up to significant strides in how the state and localities handle this crisis."

The city's first moves in May triggered a cascade of emergency declarations by local officials, from Long Island to the Canadian border. The orders threatened criminal and financial penalties against New York City and any hotels or other businesses that aided in the relocation of migrants. Some county officials raised fears of crime or overcrowding, while others said they couldn't afford to provide care for the migrants if the city stopped paying for the hotel rooms.

Putnam County Executive Kevin Byrne told Patch Thursday that so far, there has been no serious attempt by city officials to engage with Putnam in "any meaningful way" about their crisis.

"This lawsuit constitutes another dishonest attempt by New York City to foist its responsibilities on other localities," he said in a statement. "Prior to declaring an emergency, Putnam County confirmed that NYC representatives had contacted at least one permitted temporary residence in Putnam to inquire about engaging in a 6 month to 5-year contract, but none of our county offices were contacted by New York City or its representatives. The City had previously pledged publicly to fund their operation up to 4 months at permitted temporary residencies, yet it is now actively seeking long-term contracts while the Mayor is simultaneously seeking to claw back its court mandated 'Right to Shelter' rule which forces the City to pay indefinitely.

"Our executive order, while similar, is unique compared to most other counties, as it clearly states that 'absent a shared services agreement' we will not allow NYC to set up what will become essentially homeless shelters within the borders of Putnam. If Adams succeeds in suspending right to shelter, any municipality housing migrants would immediately become responsible for paying for and caring for these individuals. Putnam County cannot afford to be put in such a position and our executive order stands."

The Rockland and Orange emergency declarations, which were the first, were declared unconstitutional last week by a federal judge. According to the ruling, the emergency orders "expressly" classify persons "based on national origin and alienage."

"The Court agrees with Plaintiffs that there is enough on the record and as reflected during the oral argument that invidious, discriminatory concerns was one of the motivating factors for the issuance of the Rockland EO," District Court Judge Nelson S. Roman wrote, issuing a preliminary injunction barring Rockland County and Orange County from enforcing their broad emergency orders that aimed to ban migrants from hotels.

Day issued a statement late Wednesday:

This lawsuit is just the latest attempt by New York City Mayor Eric Adams to distract from his uncoordinated and poorly planned decompression strategy. It also shows, once again, that NYC has no interest in meaningful communication or collaboration with municipalities outside of the city.
When the City of New York declared itself a Sanctuary City it invited these challenges. Now Mayor Adams is pouring gasoline on the fire he started while continuing to try to impose his will upon the rest of the state by breaking local building and zoning laws and violating New York State Social Services rules and regulations.
Rockland County services have already been strained to the breaking point through the natural and organic migration of individuals to our county. This new lawsuit does nothing to address the legitimate concerns of my administration and residents of our county.
I feel sorry for the New York taxpayers who will be stuck paying the bill for the Mayor’s botched plan and this frivolous lawsuit.

The federal injunction, which came in a suit brought by the New York Civil Liberties Union on behalf of individual asylum seekers, does not apply to the efforts to ban migrants across the state. It also does not affect an existing order by a state judge that temporarily prevents the city from housing migrants at specific hotels in Orange and Rockland County.

Amy Belsher, the NYCLU's Director of Immigrants' Rights Litigation, said she hoped the federal ruling would serve as a precursor for a wider ruling in state court. She said many of the county executive orders were nearly identical.

"We’re glad to see more action being taken to hold these counties accountable for their executive orders, and expect the court in this case will find, as the court did in our case, that the orders violate the Constitution," Belsher told Patch.

RELATED:

• NYC Plan For Migrants Like 'Human Trafficking' - Rockland County Exec
• Suffolk Legislature Approves Hiring Of Counsel On Asylum Seekers: Reports
• Dutchess Declares Emergency Over Possible Arrival Of Asylum Seekers
• Putnam Follows Other Counties, Declares Migrant State Of Emergency
• State Judge Grants Rockland Restraining Order Over Migrant Plan
• Hotel In Orangeburg May Reopen For Guests, Not NYC Migrant Program
• Five Hotels Suing Towns, Counties Over Migrant Bans

The Associated Press contributed to this report.