New York City

The lawsuit filed in state supreme court in Manhattan says the counties, which includes Chautauqua County, are interfering with the city’s right to contract with hotels located elsewhere in the state to temporarily house migrants.

New York City Mayor Eric Adams said, “This lawsuit aims to put an end to this xenophobic bigotry and ensure our state acts as one as we work together to manage this humanitarian crisis fairly and humanely, as we have done from the beginning and as we will continue to do.”

Chautauqua County Executive PJ Wendel issued a statement about the lawsuit, saying, “The County is aware of a recent lawsuit filed by the City of New York, and we will be unable to comment on pending litigation. Chautauqua County objects in the strongest possible way to the defamatory comments that the actions taken by the County are xenophobic bigotry.”

New York City declared a state of emergency in response to the tens of thousands of migrants bused to the city since last year from states along the U.S. southern border in a political dispute over border security.

Last month, the city said it was receiving 500 migrants per day and expected that number to increase. The City then announced that it would move some migrants to other parts of New York.

Last month, Wendel declared a state of emergency and issued an emergency order prohibiting not only municipalities from bringing and housing people in the County, but also, hotels and motels from housing immigrants without a license, and requiring any municipalities that might bring migrating or asylum-seeking people into Chautauqua County to ensure they will be fully cared for and paid for.

He said in a statement that the declaration was made out of concerns that the county didn’t have the services or the ability to provide additional assistance.

On Tuesday, a federal judge temporarily blocked suburban Rockland and Orange counties from enforcing bans on migrant housing. The judge said the bans illegally discriminate against migrants and violate their rights to travel freely within the state.

New York City’s lawsuit is seeking to strike down executive orders issued by the counties and bar them from being enforced.

The suit was announced the same day that Democratic House Minority Leader Hakeem Jeffries and Sen. Majority Leader Chuck Schumer announced that FEMA will provide $104.6 million in funding to help the city care for migrants.

Chautauqua County Executive PJ Wendel speaks at Chautauqua County Chamber of Commerce event with Chamber CEO Dan Heitzenrater (June 2, 2023)

Local agencies are working on obtaining additional funding to help migrants in Chautauqua County.

Chautauqua County Executive PJ Wendel, speaking at a Chamber of Commerce event, said he’s been in touch with the State Division of Homeland Security and Emergency Services Commissioner Jackie Bray about bringing in funds to the county, “There is a $100,000 grant coming from the Department of State that’s actually here I think. I talked with COI, Chautauqua Opportunities Inc. They are the lead agency. There looks to be another increase, I was told it was about $350,000. That’s to assist the people that are here. You know, we’re looking to get caseworkers, we’re looking to get assistance in housing.”

Wendel emphasized that his State of Emergency declaration wasn’t to keep people from coming to Chautauqua County but to keep New York City from arbitrarily sending people here and leaving them without resources, “It’s a challenge, but you know, our people who are working boots on the ground run for that challenge. They’re doing a great job. We have Amish families assisting our migrants and our asylum seekers. So, again, people who live in very meager means assisting. We have a great deal of humanitarian aid going. We just need the state and federal government to step up, our governor in particular, to make the stance and get some action so that these people can work and provide for their families.”

Wendel extended the emergency order for an additional five days on May 30th. It first took effect on May 18, 2023.

The order prohibits municipalities from bringing in and housing people in the County; prohibits hotels and motels from housing immigrants without a license; and requires any municipalities that might bring migrating or asylum-seeking people into the county to ensure they will be fully cared for and paid for.

While the State of Emergency will remain in effect for 30 days, at which time it may be extended, the emergency order according to law is extended in five-day intervals.

Chautauqua County Legislature meeting (May 24, 2023)

The Chautauqua County Legislature has voiced their support for the State of Emergency declared by the County Executive that bars housing new immigrants in Chautauqua County.

Legislator Terry Niebel brought the motion to the floor, saying that more immigrants are being relocated to upstate from New York City, “The problem with this is, if some of these folks are relocated to Chautauqua County we’re just not adequately equipped to take care of 500 or, perhaps, a thousand new immigrants. In my opinion, the Legislature needs to support the County Executive’s State of Emergency.”

Legislator Susan Parker said she agrees that the process needs to be slowed down but doesn’t want to prohibit immigrants who come to the county on their own, “We have to have the infrastructure and all of the services and we can’t bankrupt the county in the process. But, my belief is that the ultimate goal could be to allow with the infrastructure… these people are coming, they’re eager to work, they want to work, they’re in search of work, and we need workers.”

Under a federal law passed in 1996, asylum seekers are required to wait at least half a year after filing an asylum petition before being able to obtain authorization to work. Governor Kathy Hochul, this week, called on the White House to expedite work authorization for the thousands of asylum seekers in New York City.

The Legislature passed a motion by a vote of 15 to 2 in support of the declaration. Legislators Susan Parker and Tom Nelson were the two no votes.

PJ Wendel

Chautauqua County Executive PJ Wendel has declared a State of Emergency that bars housing additional immigrants in the county.

Wendel said the order is in response to New York City’s announced intentions to send migrants and asylum seekers to other counties in the state.

Declaration of State of Emergency

State of Emergency Order

State Senator George Borrello also sent out a statement opposing Governor Kathy Hochul‘s proposal to house migrants at SUNY Schools, saying, “I don’t believe her when the Governor says housing migrants at SUNY campuses is a temporary solution. Migrants processed into the U.S. as asylum seekers earlier this week were given immigration court dates more than a decade away. Once these migrants are brought to SUNY campuses, neither the Governor nor anyone else knows how long they will be there.”

Borrello went on to say that communities that never declared themselves as sanctuary communities shouldn’t be forced to accept migrants.

The County Executive said in a press release, “In December 2016, New York City declared itself a Sanctuary City dedicated to supporting undocumented individuals. Over the past several months, thousands of asylum seekers have been arriving in the City, which is now so overwhelmed that it is trying to move these individuals to other counties that do not have the infrastructure to care for them, especially since social services funding is not available to undocumented individuals. While we support the families who have already migrated to our County, we lack the services and funding required to assist additional individuals.”

The state of emergency was issued Thursday, May 18 and remains in effect for 30 days, at which time it may be extended.

The order prohibits other municipalities from bringing and housing people in the County, prohibits hotels and motels from housing immigrants without a license, and requires any municipalities that might bring migrating or asylum-seeking people into Chautauqua County to ensure they will be fully cared for and paid for.

Chautauqua County joins other counties in New York State with issuing these emergency orders including most of Western New York, excluding Erie County, as well as Broome, Nassau, Oneida, Onondaga, Orange, Oswego, Rockland, and Suffolk counties.

The National Weather Service says the Winter Storm Warning will remain in effect until 8 p.m. Wednesday, with snow expected before noon, then snow showers likely after noon. Total snow accumulations of 1 to 3 inches are predicted for the day, with areas of blowing snow are also expected after 11 a.m.  It will be blustery, with a high near 20 degrees, but the wind chill values can be as low as -5.

Because of the weather, all school districts in the area are closed on Wednesday, including Jamestown, Falconer, Frewsburg, Southwestern, Bemus Point, Randolph, Panama, Chautauqua Lake and Cassadaga Valley.

However, Jamestown Community College will be open, as well as Jamestown Business College and Fredonia State.

WNYers QUESTION TUESDAY CLOSINGS

Wednesday marks the second day in row schools in the area were cancelled, but unlike Wednesday when the decision was made at the local level by each individual district, schools across the state closed on Tuesday due to a state of emergency mandate issued by Gov. Andrew Cuomo.

The governor issued the state of emergency for all 62 counties in New York State, meaning only state workers essential to responding to the snow storm – such as highway employees and public safety officials – were to report to work. Everyone else was closed down, including state colleges and universities, as well as state government agencies. The governor also announced a tractor-trailer ban on the state Thruway and other major highways across New York state, including Interstate 86-and Route 17 across the Southern Tier.

Most public school districts in Western New York also heeded the governor’s call, and cancelled classes for Tuesday.

The governor’s decision to declare a state of emergency for the entire state, including Western New York, resulted in criticism from residents and elected officials. Western New York is accustomed to dealing with large snow fall and by comparison to the eastern portion of the state, our region actually received less snow fall. In fact, by mid-afternoon Tuesday, only about half a foot of snow had fallen in Buffalo.

According to Erie County Executive Mark Poloncarz, Albany has declared a state of emergency before, but never to the extreme of shutting down all of state government. Poloncarz told the Buffalo News that normally, the declaration simply gives the governor more power to move plows and heavy equipment to areas that need them.

“Let’s show some backbone, folks,” Poloncarz tweeted early Tuesday in response to the mandated closings.

The declaration came Monday afternoon – ahead of the extreme winter storm that was expected to bring as much as two feet of snowfall and high winds to several regions of the state. The Governor also directed non-essential state employees impacted by the winter storm to stay home from work on Tuesday without having to charge accruals.

As a result of the declaration, all public schools and colleges in Chautauqua County are closed for Tuesday.

The governor said that New Yorkers should exercise caution, avoid unnecessary travel and pay close attention to winter storm advisories as the day progresses.

Chautauqua County remains under a Winter Storm Warning until 8 p.m. Wednesday, with 2-4 inches of snow expected for Tuesday, another 1-3 inches is expected for Tuesday night, and 1-2 inches could fall on Wednesday.

According to the National Weather Service, anywhere between 12 to 24 inches of snow is anticipated in the Western New York, Finger Lakes, and Central New York regions through Wednesday night. The heaviest snow accumulations are expected in the south and east of the Capital Region, the Mohawk Valley, and the Mid-Hudson Valley region.

The impact of the state of emergency will be felt most in the New York City metro area, where MTA express subway service will be suspended after the rush hour Tuesday. Above-ground service on the subway has already been suspended, starting at 4 a.m. Tuesday. The storm was expected to dump 1 to 2 feet of snow on the New York City metro area with wind gusts of up to 55 mph.

The storm isn’t just impacting New York State, but most of the states in the Northeast United States, where it has prompted flight cancellations, school closures and warnings to stay off the roads.

The National Weather Service issued blizzard warnings for parts of Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Maine and Vermont.

The weather service’s office near Philadelphia called the storm “life-threatening” and warned people to “shelter in place.” Coastal flood warnings were in effect from Massachusetts to Delaware.

Governor Andrew Cuomo made the declaration late Thursday afternoon as a major winter storm started to bring heavy snow, sub-zero temperatures and high winds across New York State.

According to the governor’s office, a state of emergency mobilizes resources to local governments that otherwise are restricted to state use only and allows the Governor to suspend laws and regulations that would impede rapid response.

The Governor urged New Yorkers to avoid traveling and stay inside their homes until the worst of the storm has passed.