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.

Title 42, enacted during the COVID-19 Pandemic, allowed the U.S. government to turn away migrants at the border, including asylum-seekers.

Hochul’s executive order will provide the State with greater flexibility to procure the resources necessary for municipalities to support asylum seekers while also allowing the State to mobilize 500 members of the National Guard service who are providing logistical and operational support.

It will also allow the State and localities to quickly purchase necessary supplies and resources, including food and equipment.

The order will also prevent hotels, hospitals and other facilities providing care for migrants from being considered their landlord, which means the state’s current tenant protections wouldn’t apply.

Governor Hochul said in a release that she has consistently pushed for additional federal support, specifically regarding funding and shortened waiting periods before asylum seekers can legally work.

She added that her administration has raised this issue directly with President Biden, Department of Homeland Security Secretary Alejandro Mayorkas, and other top advisors.

The bill allows prosecutors to prosecute efforts to blackmail an individual by threatening to cause deportation proceedings even when unrelated to labor or sex trafficking. Similar measures have been enacted in California, Colorado, Maryland and Virginia. This legislation is based off model legislation recommended by The Public Leadership Institute titled “Prevent Extortion of Immigrants Act.”