Rockland's Migrant Emergency Orders Ruled Unconstitutional

M.C. Millman

A Federal judge has ruled that Rockland and Orange County's state of emergency declarations in response to the migrant crisis are unconstitutional. 

The state of emergency was declared to stop NYC from renting hotel rooms in the area to house migrants transported from the City. 

The Court's decision found the emergency orders discriminatory against the plaintiffs, as it violates their rights to travel freely in New York State. The ruling states that the emergency orders "expressly" classify persons "based on national origin and alienage."

"Today's decision sends a loud and clear message not only to Rockland and Orange Counties but to all of the counties who have issued these discriminatory executive orders," said Amy Belsher, director of Immigrants' rights litigation at the New York Civil Liberties Union. "The Constitution does not allow you to build walls around your county limits," 

In response to this news, Rockland County Executive Ed Day stated that all legal options, including an appeal of the decision, are being considered.

Day also reminded the public that the court's order does not impact the existing temporary restraining orders issued by the state court judges and does not allow the City to operate a shelter in Rockland County.

"These people are heading to New York City because it is a Sanctuary City, and instead of living up to that declaration of Sanctuary, Mayor Eric Adams and the City are exporting them to neighboring municipalities across the State of New York, including Rockland County," Day says.

"Our Local Emergency Order never barred anyone from coming to the County," Day continued. "The only thing this County's order was barring was Mayor Eric Adams from overstepping his authority by luring people out of New York City with predatory marketing and advertising and turning hotels in Rockland into city-run shelters with no regard for law, zoning, or our capacity on hand."

"The County disagrees with the ruling by the federal Court today that Orange County's Executive Order preventing hotels in Orange County from accepting NYC's homeless is unconstitutional," Orange County spokesman Justin Rodriguez said in a statement. "However, the important result of that ruling is that nothing really changes as a practical matter at the present time. The Federal Court made very clear that it was not disturbing the temporary restraining order that the County obtained against the City of New York preventing the City from sending its homeless to Orange County hotels. The Court noted that the County's allegations that the City's program of sending its homeless to Orange County is a matter of State law that must be resolved in State court. The County's temporary restraining order against the City will remain in effect at least until June 21st, when the State Supreme Court will issue a ruling on the continuing nature of the restraining order."

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