Referred to: The Law Enforcement and Public Safety Committee (Chairman Briggs

and Legislators Fabiano, Lapp, Maio, and Rodriguez)

Minority Leader Hector Rodriguez, and Legislators Bartels, Berky, Delaune,

Donaldson, and Greene offer the following:

 

WHEREAS, Ulster County commits to maintaining a safe, inclusive, and

welcoming community recognizing the inherent equality and human dignity of ALL

people; and

 

WHEREAS, racism, xenophobia, Islamophobia, anti-Semitism, homophobia,

and religious persecution of any kind threatens public safety and the peaceful

foundations of a civilized society; and

WHEREAS, the establishment of a “registry,” or the detention or deportation

of millions of people currently living in this country, for reasons solely related to

their citizenship, immigration status, race, ethnicity, national origin, or religion, runs

contrary to core American values; and

WHEREAS, the inhumane application of immigration laws that separate loved

ones from each other and their communities, especially children from parents and

caretakers, undermines the integrity of families and is contrary to the best interest of

children; and

WHEREAS, the mere fact of being present in the United States without

authorization, by itself, does not constitute a crime; and

WHEREAS, several groups of immigrants, including permanent residents,

visa holders, refugees, and people who are undocumented, come to this country with

varied skill sets and support from their home countries, and are integral to the current

structure and prosperity of our local, state, and national economy; and

WHEREAS, immigrants, refugees, and racial, ethnic, and religious minorities

make ongoing contributions to the economic, cultural, and spiritual prosperity of our

community at the local, state, and national level, including those who have sacrificed

in defense of the United States as members of the Armed Forces; and

WHEREAS, Articles I and II of the U.S. Constitution expressly grant the

federal government exclusive power to establish and enforce immigration laws; and 

 

WHEREAS, the Tenth Amendment to the U.S. Constitution prohibits the

federal government from commandeering state or local officials to enforce

immigration law, and likewise prohibits state or local officials from acting

unilaterally on immigration matters where the federal government has preempted the

field; and

WHEREAS, under the Home Rule powers granted by the New York State

Constitution, as implemented by the Municipal Home Rule Law, Ulster County has

authority to adopt local laws relating to the “government, protection, order, conduct,

safety, health, and well-being of persons” that are not inconsistent with the State

Constitution or a general state law; and

WHEREAS, on January 19, 2017, the Civil Rights Bureau of the New York

State Attorney General’s office issued a “legal roadmap” outlining the extent to

which state and local jurisdictions are permitted under law to decline to participate in

federal immigration investigation and enforcement; and

WHEREAS, Ulster County supports existing efforts being made by County

Departments, officers, personnel and agents, including law enforcement officers, to

ensure public safety through relationships built on trust and good-will, especially

with individuals who are vulnerable to exploitation and abuse due to their citizenship,

immigration status, race, ethnicity, national origin, gender identity, sex, or religion;

and

WHEREAS, Ulster County supports criminal investigations and associated

actions that are authorized by law, and not solely related to an individual’s

citizenship, immigration status, race, ethnicity, national origin, gender identity, sex,

or religion; and

WHEREAS, Ulster County Departments, officers, personnel, and agents, have

a legal, practical, and moral imperative when carrying out official duties to uphold

the U.S. Constitution, including the principles of federalism and separation of

powers; now, therefore be it

RESOLVED, that the Ulster County Legislature affirms its support for the

practices outlined in this resolution, as they pertain to the County’s aim to maintain a

safe, inclusive government and the protection, order, conduct, safety, health, and

well-being of all persons in Ulster County, and urges continued adherence to

constitutional, federal, and state laws; and, be it further 

 

RESOLVED, further, that County Departments, officers, personnel, and

agents should not engage in certain activities solely for the purpose of enforcing

federal immigration law, including:

A. executing a stop, questioning, interrogating, investigating, or arresting

an individual based solely on any of the following:

a. Actual or suspected immigration or citizenship status; or

b. A “civil immigration warrant,” administrative warrant, or an

immigration detainer in the individual’s name, including those identified in

the National Crime Information Center (NCIC) database;

B. performing the functions of a federal immigration officer or otherwise

engaging in the enforcement of federal immigration law--whether pursuant to Section

1357(g) of Title 8 of the United States Code or under any other law, regulation, or

policy; and, be it further

RESOLVED, that Ulster County officers or agents should honor detainer

requests from federal agents only in the following limited, specified circumstances:

A. when a “civil immigration detainer” from federal agents to detain or

transfer an individual for immigration enforcement or investigation purposes for up

to 48 hours is accompanied by a judicial warrant,

a. except that a person may be detained for up to 48 hours on a

“civil immigration detainer,” in the absence of a judicial warrant if there is

probable cause to believe that the individual has illegally re-entered the

country after a previous removal or return as defined by 8 U.S.C. § 1326,

i. the individual has been convicted at any time of (i) a

“violent or serious” crime as defined under section 14-154 (a) (6) of the

Administrative Code of the City of New York or (ii) a federal crime or

crime under the law of another state that would constitute a predicate

felony conviction, as defined under the New York Penal Law, for any

of the preceding felonies; or 

 

ii. there is probable cause to believe that the individual has

or is engaged in an activity of terrorism, which is an activity forbidden

by law and intended to intimidate or coerce a population, influence

government policy, or affect government conduct through violence;

and, be it further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

shall not inquire about or collect from individuals, including but not limited to a

crime victim, a witness, or a person who calls or approaches the police seeking

assistance, information concerning citizenship or immigration status unless necessary

to perform official duties and shall prohibit the use or disclosure of such information

in any manner that violates, local, state, or federal law; and, be it further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

may respond to federal requests for information upon presentation of a judicial

warrant, but that absent a judicial warrant, will not disclose certain non-public,

sensitive information about an individual, such that:

A. County Departments, officers, personnel, and agents may respond

affirmatively to a request by a federal agent for non-public information about an

individual-including but not limited to non-public information about an individual’s

release, home address, or work address - ONLY IF the request is accompanied by a

judicial warrant,

a. EXCEPT THAT nothing in this resolution prohibits any local

entity or official from:

i. sending to or receiving from any local, state, or federal

agency - as per 8 U.S.C. § 1373- (1) information regarding an

individual’s country of citizenship if known or (2) a statement of the

individual’s immigration status if known; or

ii. disclosing information about an individual’s criminal

arrests or convictions, where disclosure of such information about the

individual is otherwise permitted by state law or required pursuant to

subpoena or court order; or 

 

iii. disclosing information about an individual’s juvenile

arrests or delinquency or youthful offender adjudications, where

disclosure of such information about the individual is otherwise

permitted by state law or required pursuant to subpoena or court order,

iv. disclosing information about an individual when the

County Department, officers, personnel, or agent is acting pursuant to a

court ordered investigation on an individual who has been convicted of

a misdemeanor or felony, and, be it further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

shall not provide federal agents with access to an individual in their custody or the

use of agency facilities or resources to question or interview such individual if the

federal agent’s sole purpose is enforcement of federal immigration law, and, be it

further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

shall protect the due process rights of persons about whom federal immigration

enforcement requests have been made, including providing those persons with

appropriate notice, and:

A. ensuring that bail and/or release from custody upon posting of bail shall

not be delayed solely because of (1) an individual’s citizenship or immigration status,

(2) a civil immigration warrant, or (3) a federal agency request, for the purposes of

immigration enforcement, requests notification about, transfer of, detention of, or an

interview or interrogation of that individual;

B. upon receipt of a federal detainer, transfer, notification, interview, or

interrogation request, providing a copy of that request to the individual named therein

and informing the individual whether the request will be honored before

communicating a response to the requesting agency;

 

C. subjecting individuals in custody to the same booking, processing,

release, and transfer procedures, policies, and practices, regardless of actual or

suspected citizenship or immigration status, and, be it further 

 

RESOLVED, that it shall continue to be the practice that local agency

resources should not be used to create a federal registry based on citizenship,

immigration status, race, ethnicity, national origin, gender identity, sex, or religion;

and, be it further

RESOLVED, that no Ulster County Department, officer, personnel, or agent

shall use County monies, facilities, property, equipment, or personnel to investigate,

enforce, or assist in the investigation or enforcement of any federal program

requiring registration of individuals on the basis of citizenship, immigration status,

race, ethnicity, national origin, gender identity, sex, or religion; and, be it further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

shall limit the collection of immigration-related information and ensure nondiscriminatory access to benefits and services, such that

A. No inquiry or request for proof shall be made regarding an individual’s

citizenship or immigration status when services or benefits are provided, except

where the receipt of such services or benefits are contingent upon one’s citizenship or

immigration status, or where inquiries are otherwise lawfully required by federal,

state, or local laws; and

B. Ulster County shall establish a formal Language Assistance Policy for

individuals with Limited English Proficiency and provide interpretation or translation

services consistent with that policy, consistent with its obligations under Title VI of

the Civil Rights Act of 1964, and Department of Health and Human Services

Regulations; and, be it further

RESOLVED, that regarding their receipt of, and response to, federal requests

for the sole purpose of monitoring compliance with all applicable laws, County

Departments, officers, personnel, and agents should collect and report aggregate data

containing no personal identifiers; and, be it further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

shall record, solely to create the semi-annual reports described below, the following

for each immigration detainer, notification, transfer, interview, or interrogation

request received from federal agents:

 

 

A. Date and time that the subject individual was taken into local law

enforcement custody, the location where the individual was held, and the arrest

charges;

B. Date and time the request was received;

C. The requesting agency;

D. Immigration or criminal history indicated on the request form, if any;

E. Whether the request was accompanied with any documentation

regarding immigration status or proceedings, e.g., a judicial warrant;

F. Whether a copy of the request was provided to the individual and, if

yes, the date and time of notification;

G. The response to the request, including a decision not to fulfill the

request;

H. If applicable, the date and time that federal agents took custody of, or

was otherwise given access to, the individual; and the date and time of the

individual’s release from custody;

I. Whether the individual consented to the request;

J. Whether the individual requested to confer with counsel regarding the

request,

and, be it further

RESOLVED, that Ulster County Departments, officers, personnel, and agents

shall provide annual reports to the County Legislature no later than March 31st of

each year regarding the information collected in the prior year according to the

previous resolved, in an aggregated form, that is stripped of all personal identifiers in

order that compliance with all applicable law may be monitored; and, be it further 

 

RESOLVED, that all Ulster County Departments, officers, personnel, and

agents, including but not limited to law enforcement, education, health and safety

departments, and private individuals delegated authority to carry out County

functions, are directed to incorporate policies into their standard training and

operational procedures outlining these protections and directing compliance with

them; and be it further

RESOLVED, that given that inalienable rights should be universally honored

and preserved and not restricted by geographic boundaries, Ulster County urges our

State Legislature and Governor Andrew Cuomo to enact a measure ensuring the

lawful and non-discriminatory treatment of anyone present in the State of New York,

regardless of immigration status; and, be it further

RESOLVED, that Ulster County intends that the provisions of this Resolution

are severable, and that the invalidity of any part does not affect the validity of any

remaining part; and be it further

RESOLVED, that the Clerk of the Ulster County Legislature shall forward

copies of this resolution to New York State Senators George A. Amedore, John J.

Bonacic, William J. Larkin, Jr. and James Seward, and New York State

Assemblymen Kevin A. Cahill, Frank K. Skartados, Brian D. Miller, and Peter

Lopez, and Honorable Governor Andrew Cuomo,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: NOES:

Postponed in Committee: Law Enforcement and Public Safety on April 4, 2017

Defeated in Committee: Law Enforcement and Public Safety on May 2, 2017

FINANCIAL IMPACT:

NONE