In accordance with an executive order, officials in the Department of Homeland Security (DHS) on May 29 published a list of jurisdictions where it’s alleged that sanctuary policies exist that defy federal immigration law. Ulster County is one of the listed jurisdictions, along with Kingston and New Paltz. Despite being released a month after the directive in executive order 14287, the list contains confusing designations and alleged errors. Warren County officials claim that there is no directivespreventing cooperation with federal officials there, as do the leaders of East Hampton, a town which, like New Paltz, is categorized as a “city.”
In a memorializing resolution passed in January, 2017, Kingston common council members declared the city “welcoming and inclusive,” affirming that city police will not inquire as to legal status as a matter of course. New Paltz officials passed a local ordinance on April 20 of that year which limits cooperation withfederal authorities. As with the resolution in Kingston, this was understood to reflect what was already standard practice when head of the county, Pat Ryan signed an executive order blocking law enforcement and other county workers from sharing certain information with immigration officials without a court order.
The difference among these approaches is that memorializing resolutions have no practical effect, executive orders can be repealed by the same or another county executive, and town laws can only be changed by holding a public hearing and then securing votes in favor of change from a majority of councilmembers.
A brief joint statement was released by the county’s executive Jen Metzger and Kingston’s mayor, Steve Nobel, which read: “We want to assure our residents that Ulster County and the city of Kingston are fully compliant with all federal laws, and any claim to the contrary is incorrect. We have not received anyofficial communication from the federal government regarding the reasons our county and city and neighboring counties and cities appear on this list. Our commitment to public safety remains unwavering, as is our commitment to upholding the United States Constitution and the rights enshrined in it.”
Amanda Gotto, New Paltz’s supervisor was asked about this possibility when President Trump signed that executive order last month, and wrote in response, “Yes, I have seen this latest attack on our states’ rights and have been following it. NYS law and our Ulster County will no doubt be big targets. Even if it makes it down to us small fry, we stand by our town law chapter 16 that prohibits town employees and the New Paltz Police Department (NPPD) from assisting ICE agents without a judicial warrant for a criminal activity: Neither the NPPD nor any town personnel may use town funds, 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 race, gender, sexual orientation, religion, ethnicity, or national origin. New Paltz depends on plenty of state and county funding but little to none from the feds, so any impact from the executive orders would impact us more indirectly.”
Gotto later advised that no formal notice has yet been received, and affirming, “We are committed to upholding the United States Constitution and the rights it guarantees.”
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