Immigration law not a local matter, speakers say
A public hearing focuses on a proposal that states town police shouldn't be performing federal functions.
Most speakers at a public hearing Thursday told the Town Board a local law is needed to prevent local police from performing federal immigration functions.
Eighteen people spoke in favor of such a proposed law, one was opposed, and one questioned whether it would be improper for police to withhold assistance to federal authorities.
Among concerns raised was the effect the Trump administration’s policies toward undocumented persons could have in the broader community.
“The idea of laws that come down on a group or segment of the population and actually create terror and disunity, it makes you wonder what’s behind that,” said Highland resident Pam Krimsky. “I envy your community ... for your solidarity and for your belief in unification.”
Opposition to the New Paltz proposal came from village resident Denis McGee, who said efforts should focus on changing federal laws.
“I’m dead set against it,” he said. “I think it sends a bad message . ... If you want the immigration laws changed, which I agree we have to take a look at, go to Congress [to] get them to change it.”
While there were no other speakers against the proposed law, about a dozen people applauded McGee’s comments.
The impact of increased federal action against immigrants was voiced by New Paltz resident Jessica Guerrero, whose husband, Joel, is a legal immigrant, but has been detained by federal authorities since Feb. 28 over a dispute about missing a 2011 court date while he was in a drug rehabilitation facility. Mrs. Guerrero said undocumented immigrants are at risk of becoming crime victims because they are afraid to call police.
“This is about people being able to call the police in their time of need and not have to worry about being questioned about their immigration status and being taken away from their family,” she said. “Over the last month ... I’ve met a lot of families who have gone through this with ICE (U.S. Immigrations and Customs Enforcement) that don’t have a law like this in their town or their city, and they live in fear.”
Under the proposed New Paltz law, police could
“The idea of laws that come down on a group or segment of the population and actually create terror and disunity, it makes you wonder what’s behind that.” — Highland resident Pam Krimsky.
can respond to a “civil immigration detainer” from federal authorities for up to 48 hours if the request is accompanied by a judicial warrant. In the absence of a warrant, police could detain someone if there is probable cause to believe the person has reentered the United States after being removed and also has been convicted of a felony.
However, town police would not be allowed to “stop, question, interrogate, investigate or arrest an individual based solely on ... actual or suspected immigration or citizenship status,” the proposal states.
The law also would prohibit asking about the “immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual.”
Additionally, federal authorities would be prohibited from using town police facilities if the “sole purpose is enforcement of feral immigration law.”
The Town Board expects to vote on the proposed law during their April 20 meeting.
The New Paltz proposal comes as the Ulster County Legislature is considering a resolution proposed by Minority Leader Hector Rodriguez, a New Paltz Democrat, that calls for county employees to not stop, question, interrogate or arrest individuals “solely for the purpose of enforcing immigration law”; not perform the functions of a federal immigration officer; honor detainer requests from federal agents only in specific limited situations; and deny federal agents access to inmates in county custody.
In January, the Kingston Common Council adopted a memorializing resolution declaring the city “welcoming and inclusive” toward undocumented immigrants.