NEW YORK

NY cities wrestle with 'sanctuary city' status

Joseph Spector
Albany Bureau Chief

ALBANY – Cities across New York are taking different stances on how to deal with President Trump’s recent immigration orders that would punish so-called “sanctuary cities.”

While Rochester, Kingston and Syracuse have embraced the definition, cities like Yonkers, White Plains and Mount Vernon are taking a more cautious approach on how to balance state and local laws with the federal government’s edict.

Cities are grappling with Trump's order that could strip federal aid from locales that "willfully violate federal law in an attempt to shield aliens from removal from the United States."

Some mayors said they try to protect immigrants from aggressive enforcement actions by the federal government, while others said they do not try to usurp federal regulations.

"We are definitely not a sanctuary jurisdiction based on that description because we do not willfully violate federal law," said White Plains Mayor Thomas Roach.

"We believe that all our policies and practices are valid under the law, and they are constitutional."

►'Sanctuary city' could put Rochester aid at risk

►NY's population fell for first time in a decade

►Inauguration Day: Five issues to watch for in NY

Cities' reaction

Some cities said they are working with Attorney General Eric Schneiderman on ways to ensure they are not in jeopardy of being penalized by the Trump administration, but at the same time not punishing its immigrants who are in the country illegally.

"Rochester has been a 'City of Sanctuaries' since 1986, and in response to new guidelines issued by the State Attorney General Eric Schneiderman, we were working to update our resolution to ensure we are in compliance," Rochester Mayor Lovely Warren said in a statement.

"Our intention is to protect our citizens while abiding by federal law."

Warren and Syracuse Mayor Stephanie Miner said the upstate cities will not use city resources to tackle immigration enforcement, saying that remains a job for the federal government.

"I pledge we will continue Syracuse’s commitment to our New American residents, building the trust and relationships our neighbors deserve and continue to treat them with the dignity and respect they deserve," Miner said in a statement.

"Syracuse is now and always will be a city that bids you welcome.”

New York City Mayor Bill de Blasio said the city gets more than $7 billion a year in federal aid, and he's threatening to sue the Trump administration if the federal government takes action against the city.

In a radio interview, De Blasio called the order "vague and in some ways contradictory."

"Is Donald Trump actually going to say we’re going to institute a policy that would make your city less safe to begin with because it will tear apart police and community and tear apart families?" de Blasio said on HOT 97 in Manhattan.

Growing population

With Trump's election, immigration policies have gained new attention amid years of disputes between states and the federal government over how to enforce federal policies on the local level.

On Friday, Trump signed an executive order to toughen oversight of refugees admitted to the country.

Buffalo led the state in the number of Syrian refugees over the past year, with 258, followed by 224 in Syracuse, 105 in Albany and 68 in Rochester, according to the Refugee Processing Center, which reports State Department data.

New York has nearly 4.4 million immigrants, second only to California.

Outside New York City, Westchester County in 2014 had the second largest number of immigrants at 242,100, defined as people who were not U.S. citizens at birth, according to the Migration Policy Institute. Only Nassau County outside the city had more.

Rockland County had 69,000 immigrants; Monroe County had 61,000 and Erie County had 59,800, the group said.

In fact, New York's population has increased in recent years only because of an influx of immigrants, including the addition of 118,748 residents last year. Only California and Florida added more foreign immigrants over the past year, according to a report last month from the Empire Center.

Poughkeepsie Mayor Rob Rolison said city police do not make it a point of asking residents their immigration status. But he said the city would comply with any state or federal orders.

"As far as any immediate impact on the president’s executive order and other things that may be coming, it doesn’t affect us at this point," Rolison said.

In this Jan. 25, 2017, photo, President Donald Trump signs an executive order for border security and immigration enforcement improvements at the Department of Homeland Security in Washington. Immigration to the United States has come in swells and dips over the past two-plus centuries, driven by shifts in U.S. policy, the mood in the country and world events.

Ongoing federal fight

Mount Vernon Mayor Richard Thomas said the federal government must provide a clear path to citizenship for immigrants, but he also supports "President Trump’s decision to pursue criminals who arrived here illegally" and who are "terrorizing our quiet neighborhoods with violence."

The enforcement of federal immigration laws in New York has been an issue for years.

In 2011, Gov. Andrew Cuomo suspended the state's participation in the then-Secure Communities Program, which sought to require local law enforcement to detain serious felons who are immigrants in the U.S. illegally.

But the program was revamped in 2014 when the Obama administration ordered the Immigration & Customs Enforcement to no longer request local police to detain an individual, citing ongoing problems with the program.

That led Schneiderman to offer guidance to municipalities, saying federal immigration policies essentially made it discretionary in most cases for police agencies to detain immigrants.

In his executive order Wednesday, Trump said federal law should be more stringently enforced.

"We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement," the order said.

And federal aid would be in jeopardy for those who "willfully refuse to comply," except for federal grants "deemed necessary for law enforcement purposes."

Federal vs. state rights

The aid in jeopardy is uncertain, and local officials said the definition of a "sanctuary city" remains unclear.

Funding likely at risk includes community block grants for housing, which is controlled by the U.S. Housing and Urban Development agency, local leaders said.

Most of the federal aid municipalities receive, such as money for road and bridges, is first funneled through the state.

"The term 'sanctuary city' has no precise definition, and we do not use it in New Rochelle, but we do make absolutely clear that all people of good will are welcomed, valued, and respected in our community, regardless of their origins," New Rochelle leaders said in a statement.

But they added, "Of course, the New Rochelle Police Department will continue coordinating with federal authorities to apprehend and bring to justice criminals who threaten our safety, regardless of their immigration status."

It's a similar situation in Yonkers, where Mayor Mike Spano said the city isn't looking to evade any federal laws.

But cities also recognized that criminal cases aren't in their sole discretion: Suspects may be arrested, but they are generally sent to county court or jails for prosecution.

"We don’t ask immigration status," Spano said. "Our job is to enforce local and state laws, and the federal government is required to enforce the immigration laws, and they should."

State guidance

Schneiderman, a Democrat who has regularly criticized Trump, offered guidance Jan. 19 to cities, saying they have numerous ways to fight federal immigration enforcement efforts.

They can legally refuse to enforce non-judicial civil immigration warrants; uphold the Fourth Amendment by denying federal requests to hold uncharged individuals in custody more than 48 hours; and limit information gathering "used exclusively for federal immigration enforcement," he said.

Schneiderman charged that Trump's order oversteps federal jurisdiction.

“The president lacks the constitutional authority to cut off funding to states and cities simply because they have lawfully acted to protect immigrant families -- as described in the legal guidance my office issued last week," Schneiderman said in a statement Wednesday.

"Local governments seeking to protect their immigrant communities from federal overreach have every right to do so."

Earlier this month, the city of Kingston passed a resolution "reaffirming our city as a welcoming and inclusive community was completely and well within our right," Mayor Steve Noble said.

"We don’t know the impact this executive order would, could have," Noble said. "But for now, we really do feel we are within the law."