Astorino Signs Executive Order On Immigration

WHITE PLAINS, NY — Westchester County Executive Robert P. Astorino issued an Executive Order Wednesday that states county law enforcement will “continue to cooperate with federal authorities in investigating and apprehending aliens involved in criminal activity.” Law enforcement will still be prohibited, as has been the policy since 2006, from inquiring about “a person’s immigration status unless such officer is required by law to do so or is investigating illegal activity other than mere status as an undocumented alien.”

Astorino said the Executive Order is a balanced compromise designed to foster trust within the immigrant community, while not providing sanctuary to criminals. (For more information on this and other neighborhood stories, subscribe to Patch to receive daily newsletters and breaking news alerts.)

He added that the Executive Order reinforces existing County Police procedure, and replaces a 2006 Executive Order by then-County Executive Andrew Spano that was determined by the County Attorney to be in violation of federal law.

“For years, Washington has failed us,” Astorino said. “We have a broken immigration system and borders that are not secure. This is a failure of Congress, both parties and multiple presidential administrations.”

“While we wait for Washington to finally get its act together, Westchester will continue to protect all of its residents. However, if you end up in our jail for committing a crime, and you’re not here legally, we’re not providing a sanctuary to you and we will cooperate fully with federal immigration officials,” he said.

In August, Astorino vetoed an Act passed by the Board of Legislators because of strong objections by many in law enforcement, the County Attorney and others who said that the bill would turn Westchester into a “Sanctuary County,” as defined by the U.S. Department of Justice. In his veto message, Astorino said the Act “violates federal law, infringes upon long-established principles of law enforcement cooperation, and jeopardizes millions in federal public safety grants.”

Westchester County Department of Public Safety Commissioner George Longworth added that “anything that inhibits our ability to work with federal law enforcement partners like the FBI, the Department of Homeland Security and other agencies is a bad and reckless idea.”

Hector Lopez, president of the Westchester Hispanic Law Enforcement Association, said the Act would have placed “handcuffs on our law enforcement officers, not the criminals” and would have opened the doors for undocumented immigrants involved in criminal activity, such as the ruthless MS-13 gang, to migrate to Westchester and prey on other immigrants.

The Legal Aid Society of Westchester was concerned that restricting Homeland Security from the county jail would have caused them to “move to other areas to find non-citizens such as courts, houses of worship, schools, etc.”

Astorino said he believes his Executive Order should calm the stated fears of undocumented immigrants that they cannot report crimes or seek medical assistance for fear that they will be deported.

“Everyone in Westchester, no matter what their immigration status is, should feel safe to report crimes and seek medical attention,” said Astorino. “However, Westchester cannot and must not become a ‘Sanctuary County’ that provides a safe haven to criminals. My Executive Order protects the former, and my veto of the Act prevents the latter.”

The new Executive Order has support of members of the Board of Legislators throughout Westchester.

Majority Leader Catherine Borgia said the Immigrant Protection Act was introduced in February for two reasons: President Trump's words and action on immigration and the feeling that the existing Executive Order needed to be codified.

“Today’s move by the County Executive leaves us in exactly the same place,” she said. “While this is a half-step toward the goal we began months ago, it has the potential to further put our immigrant neighbors at risk by allowing them to believe this will provide adequate protection.”

Borgia said that recent federal action has shown that Executive Orders depend on the opinion and whim of a single individual and do not have the force of legislative action and can be easily rescinded.

“As President Trump’s move on DACA shows, this administration has their sights set on immigrants, no matter their age and no matter how much they contribute to our schools, our businesses and our community,” she said.

Borgia said that the Legislature must still override Astorino's veto of the Immigrant Protection Act.

Photo caption: Westchester County Executive Robert Astorino. Patch file photo.