Westchester County
New York

Act
ACT-2018-19

Immigration Protection Act

Information

Department:Board of LegislatorsSponsors:D9 Legislator Catherine Borgia, D11 Legislator James Maisano, D8 Legislator (Vice Chair) Alfreda Williams, D5 Legislator (Chairman) Benjamin Boykin, D7 Legislator (Majority Leader) Catherine Parker, D16 Legislator Christopher Johnson, D10 Legislator Damon Maher, D2 Legislator Kitley Covill, D13 Legislator Lyndon Williams, D12 Legislator (Majority Whip) MaryJane Shimsky, D4 Legislator Michael Kaplowitz, D6 Legislator Nancy Barr, D17 Legislator Virginia Perez
Category:Act

Body

An ACT regarding the policy of the County of Westchester regarding the treatment of individuals relating to their Citizenship or Immigration Status.

 

Meeting History

Jan 22, 2018 7:00 PM Video Board of Legislators Regular Meeting

On motion of Ms. Parker the above item was received, filed and referred to the Committees on Legislation and Public Safety.

RESULT:REFERRED TO COMMITTEE
Feb 12, 2018 1:00 PM Video Legislation Committee Meeting

This item is joint with Budget & Appropriations & Public Safety.

Leg. Borgia started the discussion by giving a brief overview of the legislation and what took place when it was first introduced in 2017.

County Attorney John Nonna clarified the purpose of this legislation. He noted that there are three points in the revised legislation: 1)the way the County treats immigrants. There are specific sections of the law that addresses how the County's Public Safety Dept. and Police will deal with immigrants. It also deals with how the Department of Corrections deals with requests to hold people and requests for interviews from the Immigration authorities. 2)The Law Department believes that the Immigrant Protection Act complies with current Federal law and explained how we will comply. 3)Mr. Nonna did not believe that there will be an issue with regard to U.S.C.Sec. 3737.

Leg. Cunzio asked if any other County in New York State has a law similar to the one proposed by Westchester County?

County Attorney Nonna responded that New York City has a similar law. Legislator Borgia added that the crafting of this law came directly from the New York State Attorney General. Leg. Maisano stated that compared to the NYC law, Westchester County's proposed law is much more narrowly tailored and it has gone through two reviews.

Section 3 paragraph 3 was added at the request of the Public Safety Dept. to make sure that they can still provide information to the Immigration Authorities if it relates to a criminal investigation of a non-immigration related crime.

Subsection 5 of Section 7 on gangs was deleted. County Attorney Nonna stated there is a National Database that addresses gangs and the Law department will do more research to determine the best way to include that language.

Leg. Maisano added that he had no problem adding the language because all it states is that the department will share that information with the Federal Immigration Authority related to someone who is on this known database.

Leg. Covill asked if the Department of Corrections runs everyone who is in custody through the FBI National Crime Information Center (NCIC).

Deputy Commissioner Pruyne responded that they run everyone through the Division of Criminal Justice Services (DCJS) first and the DCJS runs them through the NCIC. Legislator Covill followed up on her question and asked if there is a specific section of the NCIC that has gang related information? Mr. Pruyne stated that he did not know but Westchester County has a Gang Intel Unit that has certain subjective criteria. Mr. Nonna asked if Mr. Pruyne had any knowledge of the National Gang Database. Chair Borgia asked that the Law Dept. and the Dept. of Correction do a deeper dive into this issue.

To view this meeting, please go to: http://westchestercountyny.iqm2.com/Citizens/default.aspx

RESULT:PENDING
Feb 12, 2018 1:01 PM  Budget & Appropriations Committee Meeting

Chair Borgia started the discussion by giving a brief overview of the legislation and what took place when it was first introduced in 2017.

County Attorney John Nonna clarified the purpose of this legislation. The three areas this law addresses is the way the County treats immigrants as it relates to County programs, services, and benefits as well as how the County collects data and the protection of personal information. There are specific sections of the law that addresses how the County's Public Safety Dept. and County Police will deal with and treat immigrants. It describes how law enforcement will be affected and makes sure that they are able to do their jobs. The legislation encourages immigrants to come forward if they are aware of crimes and or are victims of crimes. Another important aspect of the proposed Local law addresses how the Department of Corrections deals with requests to hold people and request for interviews from the Immigration authorities. The Law dept. believes that the Immigrant Protection Act complies with Federal law Sec. 1373 which states that communications can be restricted with immigration authorities by municipalities.

Legislator Cunzio asked if any other County in New York State has a law similar to the one proposed by Westchester County?

County Attorney Nonna responded that New York City has a similar law. Legislator Borgia added that he crafting of this law came directly from the New York State Attorney General and what his recommendations were. Legislator Maisano stated that compared to the NYC law Westchester County's proposed law is much more narrowly tailored and much more and it has gone through two reviews. The first one taking place during the previous term and this second review by the County Attorney and the new Administration.

Section 3 paragraph 3 was added at the request of the Public Safety Dept. to make sure that they can still provide information to the Immigration Authorities if it relates to a criminal investigation of a non-immigration related crime.

Subsection 5 of Section 7 was deleted "The individual is a known gang member." The issue with this section was the definition of gangs. Legislator Cunzio asked if gangs could be incorporated into the legislation. County Attorney Nonna stated there is a National Database that addresses gangs and the Law department will do more research to determine the best way to include that language.

Chair Borgia asked if it was necessary to add the language when it has been made clear that the legislation was never created to impede any investigation.

Legislator Maisano added that he had no problem adding the language because all it states is that the department will share that information with the Federal Immigration Authority related to someone who is on this known database.

Legislator Covill asked if the Department of Corrections runs everyone who is in custody through the FBI National Crime Information Center (NCIC).

Deputy Commissioner Pruyne responded that they run everyone through the Division of Criminal Justice Services (DCJS) first and the DCJS runs them through the NCIC. Legislator Covill followed up on her question and asked if there is a specific section of the NCIC that has gang related information? Mr. Pruyne stated that he did not know but Westchester County has a Gang Intel Unit that has certain subjective criteria. Mr. Nonna asked if Mr. Pruyne had any knowledge of the National Gang Database. Chair Borgia asked that they Law Dept. and the Dept. of Correction do a deeper dive into this issue.

RESULT:PENDING
Feb 12, 2018 1:02 PM  Public Safety Committee Meeting

Legislator Borgia began the discussion by giving a brief overview of the legislation and what took place when it was first introduced in 2017.

County Attorney John Nonna clarified the purpose of this legislation. The three areas this law addresses is the way the County treats immigrants as it relates to County programs, services, and benefits as well as how the County collects data and the protection of personal information. There are specific sections of the law that addresses how the County's Public Safety Dept. and County Police will deal with and treat immigrants. It describes how law enforcement will be affected and makes sure that they are able to do their jobs. The legislation encourages immigrants to come forward if they are aware of crimes and or are victims of crimes. Another important aspect of the proposed Local law addresses how the Department of Corrections deals with requests to hold people and request for interviews from the Immigration authorities. The Law dept. believes that the Immigrant Protection Act complies with Federal law Sec. 1373 which states that communications can be restricted with immigration authorities by municipalities.

Chair Cunzio asked if any other County in New York State has a law similar to the one proposed by Westchester County?

County Attorney Nonna responded that New York City has a similar law. Legislator Borgia added that he crafting of this law came directly from the New York State Attorney General and what his recommendations were. Legislator Maisano stated that compared to the NYC law Westchester County's proposed law is much more narrowly tailored and much more and it has gone through two reviews. The first one taking place during the previous term and this second review by the County Attorney and the new Administration.

Section 3 paragraph 3 was added at the request of the Public Safety Dept. to make sure that they can still provide information to the Immigration Authorities if it relates to a criminal investigation of a non-immigration related crime.

Subsection 5 of Section 7 was deleted "The individual is a known gang member." The issue with this section was the definition of gangs. Chair Cunzio asked if gangs could be incorporated into the legislation. County Attorney Nonna stated there is a National Database that addresses gangs and the Law department will do more research to determine the best way to include that language.

Legislator Borgia asked if it was necessary to add the language when it has been made clear that the legislation was never created to impede any investigation.

Legislator Maisano added that he had no problem adding the language because all it states is that the department will share that information with the Federal Immigration Authority related to someone who is on this known database.

Legislator Covill asked if the Department of Corrections runs everyone who is in custody through the FBI National Crime Information Center (NCIC).

Deputy Commissioner Pruyne responded that they run everyone through the Division of Criminal Justice Services (DCJS) first and the DCJS runs them through the NCIC. Legislator Covill followed up on her question and asked if there is a specific section of the NCIC that has gang related information? Mr. Pruyne stated that he did not know but Westchester County has a Gang Intel Unit that has certain subjective criteria. Mr. Nonna asked if Mr. Pruyne had any knowledge of the National Gang Database. Legislator Borgia asked that they Law Dept. and the Dept. of Correction do a deeper dive into this issue.

RESULT:PENDING
Feb 26, 2018 12:00 PM Video Legislation Committee Meeting

This item is joint with the Committees on Budget & Appropriation and Public Safety

Guests: John Nonna, Stacey Dolgin-Kmetz, David Chen, Dept. of Law

Acting Commissioner McGlynn, Lt. Weiss, Dept. of Public Safety,

Acting Commissioner Pruyne, Dept. of Correction,

Commissioner Pozzi, Dept. of Probation,

Carola Bracco, Executive Director, Neighbors Link

Karin Anderson, Neighbors Link

Chair Perez invited County Attorney John Nonna to review the changes to the legislation that were made from his discussions with Public Safety and Correction. Leg. Borgia explained how the new draft was changed and said it is in flux and can still be revised. The changes also include suggestions from the advocacy groups. Mr. Nonaa noted that they were trying to take all areasof concern into consideration: the interests of the County's compliance with federal Law; the interests of the Correction and Public Safety departments in doing their jobs because they want the assistance of immigrants to investigate crimes, but they also want to make sure that their efforts to investigate and prosecute criminals are not compromised by anything put into the law; and lastly the interests of the immigrant population and the people that advocate on their behalf. This law does not make Westchester County a Sanctuary County. By definition, a Sanctuary County is a jurisdiction that willingly does not comply with AUS Code 1373 and this law does, in fact, comply with AUSC 1373. The first section that was changed was Section 7. Sub division "b. Subsection (a) does not govern the sending or receiving of information regarding the citizenship or immigration status, lawful or unlawful, of any individual." This language comes directly from AUSC 1373. In Section 8 language was added by the Dept. of Correction "unless required by exigent circumstances" DOC does not have an issue with adding “area,” as long as we also include this carve-out, as some situations may involve the discussion of sensitive information not suitable for meeting in a public forum (i.e. individuals in protective custody or otherwise kept apart from the general inmate population). Section 9a "or the voluntary and informed consent of the individual," was added to mirror Section 3(d). In Section 9c the word "Italian" was added at the request of Legislator Tubiolo. Data he himself provided reflects that only English and Spanish are spoken by at least 5% of the County population. Section d now reads "Additionally, all individuals in County custody shall be notified of the following: i. that information about the individual may be transmitted to one or more Federal Immigration Authorities; ii. that the individual has the right to remain silent and refuse to speak to Federal Immigration Authorities; iii. that the has the right to consult an attorney at the individual’s expense before contact with Federal Immigration Authorities; and iv. that anything the individual communicates to Federal Immigration Authorities may be used against them." This language was taken from section 11b. The Law dept. recommended deleting subsection 11(b), based on concerns raised by the CLEAs who feel an individual set to be released should not be privy to the exact information provided to ICE for security reasons. Also, implementation of the “simultaneous” provision is not tenable. Note that we have incorporated the rights notification provision into a new Section 9(d). In Section 14b "respective procedures" was added instead of a semi-annual report. Chair Borgia ended the meeting by stating that the discussion is to be continued and the Law Department will work with the various Departments to finish up the legislation and the Committees will meet again.

RESULT:PENDING
Feb 26, 2018 12:01 PM  Budget & Appropriations Committee Meeting

Chair Borgia opened the meeting and updated the Committee on the current status of the draft. There was a discussion with the Advocates and the new draft includes their feedback as well as information and the concerns brought forth by the various Departments. County Attorney John Nonna went through the changes to the draft from his discussions with Public Safety and Corrections the changes also include suggestions from the advocacy groups. The Law Dept. is trying to take all areas affected into consideration. The interest of the County and its compliance with Federal Law, the interest of Corrections and Public Safety in doing their job because they want the assistance of immigrants and they try to investigate crime but they also want to make sure that their efforts to investigate and prosecute criminals are not compromised by anything out into the law and lastly the interests of the immigrant population and the people that advocate on their behalf. This law does not make Westchester County a Sanctuary County. By definition, a Sanctuary County is a jurisdiction that willingly does not comply with AUS Code 1373 and this law does, in fact, comply with AUSC 1373. The first section that was changed was Section 7. Sub division "b. Subsection (a) does not govern the sending or receiving of information regarding the citizenship or immigration status, lawful or unlawful, of any individual." This language comes directly from AUSC 1373. In Section 8 language was added by the Dept. of Corrections "unless required by exigent circumstances" DOC does not have an issue with adding “area,” as long as we also include this carve-out, as some situations may involve the discussion of sensitive information not suitable for meeting in a public forum (i.e. individuals in protective custody or otherwise kept apart from the general inmate population). Section 9a "or the voluntary and informed consent of the individual," was added to mirror Section 3(d). In Section 9c the word "Italian" was added at the request of Legislator Tubiolo. Note that data he himself provided reflects that only English and Spanish are spoken by at least 5% of the County population. Section d now reads "Additionally, all individuals in County custody shall be notified of the following: i. that information about the individual may be transmitted to one or more Federal Immigration Authorities; ii. that the individual has the right to remain silent and refuse to speak to Federal Immigration Authorities; iii. that the has the right to consult an attorney at the individual’s expense before contact with Federal Immigration Authorities; and iv. that anything the individual communicates to Federal Immigration Authorities may be used against them." This language was taken from section 11b. The Law dept. recommended deleting subsection 11(b), based on concerns raised by the CLEAs who feel an individual set to be released should not be privy to the exact information provided to ICE for security reasons. Also, implementation of the “simultaneous” provision is not tenable. Note that we have incorporated the rights notification provision into a new Section 9(d). In Section 14b "respective procedures" was added instead of a semi-annual report. Chair Borgia ended the meeting by stating that the discussion is to be continued and the Law Department will work with the various Departments to finish up the legislation and the Committees will meet again.

RESULT:PENDING
Feb 26, 2018 12:03 PM  Public Safety Committee Meeting

Legislator Borgia opened the meeting and updated the Committee on the current status of the draft. There was a discussion with the Advocates and the new draft includes their feedback as well as information and the concerns brought forth by the various Departments. County Attorney John Nonna went through the changes to the draft from his discussions with Public Safety and Corrections the changes also include suggestions from the advocacy groups. The Law Dept. is trying to take all areas affected into consideration. The interest of the County and its compliance with Federal Law, the interest of Corrections and Public Safety in doing their job because they want the assistance of immigrants and they try to investigate crime but they also want to make sure that their efforts to investigate and prosecute criminals are not compromised by anything out into the law and lastly the interests of the immigrant population and the people that advocate on their behalf. This law does not make Westchester County a Sanctuary County. By definition, a Sanctuary County is a jurisdiction that willingly does not comply with AUS Code 1373 and this law does, in fact, comply with AUSC 1373. The first section that was changed was Section 7. Sub division "b. Subsection (a) does not govern the sending or receiving of information regarding the citizenship or immigration status, lawful or unlawful, of any individual." This language comes directly from AUSC 1373. In Section 8 language was added by the Dept. of Corrections "unless required by exigent circumstances" DOC does not have an issue with adding “area,” as long as we also include this carve-out, as some situations may involve the discussion of sensitive information not suitable for meeting in a public forum (i.e. individuals in protective custody or otherwise kept apart from the general inmate population). Section 9a "or the voluntary and informed consent of the individual," was added to mirror Section 3(d). In Section 9c the word "Italian" was added at the request of Legislator Tubiolo. Note that data he himself provided reflects that only English and Spanish are spoken by at least 5% of the County population. Section d now reads "Additionally, all individuals in County custody shall be notified of the following: i. that information about the individual may be transmitted to one or more Federal Immigration Authorities; ii. that the individual has the right to remain silent and refuse to speak to Federal Immigration Authorities; iii. that the has the right to consult an attorney at the individual’s expense before contact with Federal Immigration Authorities; and iv. that anything the individual communicates to Federal Immigration Authorities may be used against them." This language was taken from section 11b. The Law dept. recommended deleting subsection 11(b), based on concerns raised by the CLEAs who feel an individual set to be released should not be privy to the exact information provided to ICE for security reasons. Also, implementation of the “simultaneous” provision is not tenable. Note that we have incorporated the rights notification provision into a new Section 9(d). In Section 14b "respective procedures" was added instead of a semi-annual report. Legislator Borgia ended the meeting by stating that the discussion is to be continued and the Law Department will work with the various Departments to finish up the legislation and the Committees will meet again.

Mar 5, 2018 1:00 PM Video Legislation Committee Meeting

Guests: Acting Comm. McGlynn, Dept. of Public Safety

Comm. Pozzi, Dept. of Probation

John Nonna, County Attorney

Stacey Dolgin-Kmetz, Deputy County Attorney

Chair Perez opened the meeting to begin the discussion of the final draft of the proposed Immigration Protection Act. Leg Borgia noted that we have a redlined copy with the changes that had been suggested in previous meetings. She stated that she had also met with County Attorney Nonna after the meeting and he made a suggestion which was moving former Section 15 to be Section 8 so the language flows and it makes it clear that the law is in full compliance with Federal law. Another change was brought to the attention of the committee by the advocates who pointed out that in a previous discussion it was suggested to remove the word affirmatively in Section 7a because it was no longer needed due to the addition of 7b which states the compliance of 1373.

Steve Bass, Assistant to the County Executive for Intergovernmental Relations mentioned that the Department of Correction's new Commissioner was unable to attend the meeting but sent a statement through the County Executive's office, which expressed Commissioner Spano's support of the proposed Act. He read Commissioner Spano's statement to the Committees, "I have reviewed the revised Immigrant Protection Act and support the proposed language. If you have any questions please do not hesitate to contact me." Mr. Bass noted that the statement includes the removal of the word affirmatively. The Chairs asked if anyone from the Dept. of Probation and Public Safety has any comment. Both Commissioners stated they have no additional comments and the meeting was opened to members for any additional comments and further discussion on the Act. Leg. Testa asked about the statement read by Mr. Bass from Commissioner Spano, and if the Commissioner agreed with the language or does he agrees with the proposed Act? Mr. Bass mentioned his conversation with Commissioner Spano and that Commissioner's sentiments were that he supports the Act. Mr. Testa stated that he would like to speak to the Commissioner himself.

Chairman of the Board, Benjamin Boykin and Leg. Borgia made additional statements. It was also brought to the Committees attention that there was a typo on Section 10diii, the word individual was missing.

Chair Borgia called for a motion to approve the proposed legislation as amended, to include the removal of the word affirmatively in Section 7a and to include the word Individual in Section 10diii.

With a motion by Legislator Borgia and seconded by Legislator Perez, the item was approved, as amended, with a vote of 8 - 0 with Legislators Testa and Burrows voting without prejudice.

RESULT:SIGNED BY COMMITTEE
Mar 5, 2018 1:01 PM  Budget & Appropriations Committee Meeting
draft Draft

Chair Borgia opened the meeting to discuss the final draft of the proposed Immigrat Protection Act. Chair Borgia went through the changes suggested by the County Attorney to move Section 15 to be Section 8 so the language flows and it makes it clear that the law is in full compliance with Federal law. Another change was brought to the attention of Chair Borgia by the advocates is a previous discussion that was had at the committee table to remove the word affirmatively in Section 7a because it was no longer needed due to sub the addition of 7b which states the compliance of 1373. Chair Borgia opened the floor to discussion on the removal of the word affirmatively.

Chair Borgia also mentioned the Department of Correction has a new Commissioner who was unable to attend the meeting but sent a statement through the County Executive's office. Steve Bass, Assistant to the County Executive for Intergovernmental Relations address the Committee and expressed Commissioner Spano's support of the proposed Act. Mr. Bass read Commissioner Spano's statement to the Committees "I have reviewed the revised Immigrant Protection Act and support the proposed language. If you have any questions please do not hesitate to contact me." Mr. Bass also mentioned that the revised language statement also includes the removal of the word affirmatively. Chair Borgia asked if anyone from the Dept. of Probation and Public Safety has any comments both Commissioners stated they have no additional comments. Chair Borgia opened the floor to members of the Committees for any additional comments and further discussion on the Act. Legislator Testa asked about the statement read by Mr. Bass from Commissioner Spano, and if the Commissioner agreed with the language or does he agrees with the proposed Act? Mr. Bass mentioned his conversation with Commissioner Spano and that Commissioner's sentiments were that he supports the Act. Mr. Testa expressed that he would like to speak to the Commissioner himself.

Chairman of the Board, Benjamin Boykin and Chairwoman Borgia made their closing statements. It was also brought to the Committees attention that there was a typo on Section 10diii, the word individual was missing.

Chair Borgia called for a motion to approve the proposed legislation as amended, to include the removal of the word affirmatively in Section 7a and to include the word Individual in Section 10diii.

With a motion by Legislator Barr and seconded by Legislator A. Williams the item was approved with a vote of 9-0. W.O.P. Cunzio & Testa)

RESULT:SIGNED BY COMMITTEE
Mar 5, 2018 1:02 PM  Public Safety Committee Meeting

Legislator Borgia opened the meeting to discuss the final draft of the proposed Immigrat Protection Act.

Legislator Borgia went through the changes suggested by the County Attorney to move Section 15 to be Section 8 so the language flows and it makes it clear that the law is in full compliance with Federal law.

Another change was brought to the attention of Legislator Borgia by the advocates is a previous discussion that was had at the committee table to remove the word affirmatively in Section 7a because it was no longer needed due to sub the addition of 7b which states the compliance of 1373. Legislator Borgia opened the floor to discussion on the removal of the word affirmatively.

Legislator Borgia also mentioned the Department of Correction has a new Commissioner who was unable to attend the meeting but sent a statement through the County Executive's office. Steve Bass, Assistant to the County Executive for Intergovernmental Relations address the Committee and expressed Commissioner Spano's support of the proposed Act. Mr. Bass read Commissioner Spano's statement to the Committees "I have reviewed the revised Immigrant Protection Act and support the proposed language. If you have any questions please do not hesitate to contact me." Mr. Bass also mentioned that the revised language statement also includes the removal of the word affirmatively. Legislator Borgia asked if anyone from the Dept. of Probation and Public Safety has any comments both Commissioners stated they have no additional comments. Legislator Borgia opened the floor to members of the Committees for any additional comments and further discussion on the Act. Legislator Testa asked about the statement read by Mr. Bass from Commissioner Spano, and if the Commissioner agreed with the language or does he agrees with the proposed Act? Mr. Bass mentioned his conversation with Commissioner Spano and that Commissioner's sentiments were that he supports the Act. Mr. Testa expressed that he would like to speak to the Commissioner himself.

Chairman of the Board, Benjamin Boykin and Legislator Borgia made their closing statements. It was also brought to the Committees attention that there was a typo on Section 10diii, the word individual was missing.

Legislator Borgia called for a motion to approve the proposed legislation as amended, to include the removal of the word affirmatively in Section 7a and to include the word Individual in Section 10diii.

With a motion by Legislator Covill and seconded by Legislator Perez the item was approved with a vote of 8-0.

RESULT:SIGNED BY COMMITTEE
Mar 12, 2018 7:00 PM Video Board of Legislators Regular Meeting

Submitted by COMMITTEES ON PUBLIC SAFETY, LEGISLATION AND BUDGET & APPROPRIATIONS.

On motion of Ms. Parker, seconded by Mr. Testa, this item was taken out of order to be voted first; a short roll call was taken (14-0).

Ms. Cunzio, Ms. Perez and Ms. Borgia presented the report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote.

After the vote, a recess was called at 8:39 PM and the meeting reconvened at 8:47 PM.

RESULT:ADOPTED [11 TO 3]
AYES:Catherine Parker, Nancy Barr, Catherine Borgia, Kitley Covill, Christopher Johnson, Damon Maher, Virginia Perez, MaryJane Shimsky, David J. Tubiolo, Alfreda Williams, Benjamin Boykin
NAYS:John G. Testa, Gordon A. Burrows, Margaret A Cunzio
ABSENT:Michael Kaplowitz, Lyndon Williams