'Racially-charged': Rockland, Orange execs discriminated against migrants, fed judge rules

Asher Stockler and Nancy Cutler, New York State Team
Updated ·3 min read
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Citing "racially-charged comments" made by the Rockland and Orange county executives, federal judge Nelson Román ruled Tuesday that emergency orders issued by those counties illegally discriminated against migrants seeking to relocate there.

Román said that "invidious, discriminatory concerns" motivated Rockland County Executive Ed Day's emergency order, and that a "discriminatory motive" was behind Orange County Executive Steven Neuhaus' order, citing numerous public comments made by both officials.

Members of grassroots organization For the Many and local elected officials greeted two buses of asylum seekers at Newburgh’s Crossroads Hotel on May 11, 2023. They were joined by other organizers, including those from the Workers Justice Center of New York and the New York Civil Liberties Union.
Members of grassroots organization For the Many and local elected officials greeted two buses of asylum seekers at Newburgh’s Crossroads Hotel on May 11, 2023. They were joined by other organizers, including those from the Workers Justice Center of New York and the New York Civil Liberties Union.

In his ruling, Román specifically cited Day's comment that "within that cadre of people who are not vetted, we have child rapists, we have criminals," among other statements. He also cited Neuhaus' comments about the migrants where the county executive opined, "Are they going to be walking around your kid’s elementary school?"

Amy Belsher, an attorney with the New York Civil Liberties Union who brought the lawsuit that led to Tuesday's decision, celebrated the result, calling it a "loud and clear message... to all of the counties who have issued these discriminatory executive orders: the Constitution does not allow you to build walls around your county limits.”

“Instead of playing politics with the lives of some of the most vulnerable, our state must uphold its legacy of being a beacon of refuge and new beginnings," she added.

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What led to this lawsuit against Rockland, Orange Counties?

The lawsuit was brought last month on behalf of several migrants residing in New York City who say they were excluded from Rockland and Orange counties, even though they sought to relocate there, because of executive orders that were racist and superseded by federal law.

Day said Tuesday that his administration is weighing an appeal of the ruling. While characterizing New York City’s plan as “deporting asylum seekers” to Rockland, Day blasted Mayor Eric Adams. “These people are heading to New York City because it is a Sanctuary City,” Day said. “It serves no one for people to be shipped to this County by New York City, under the City’s patently false promises of jobs and housing over the long term.”

Day emphasized that the issue is New York City’s refusal to work with the county. “Many have arrived here over the last year and are becoming a part of the fabric of our County,” he said. “But … the resources we have on hand are already at their breaking point from that organic migration.”

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Does this ruling allow asylum seekers to come to Rockland, Orange?

Román's ruling has the effect of temporarily blocking the emergency orders while the litigation proceeds more fully over the coming weeks and months.

However, it will not necessarily allow New York City to immediately begin sending migrants to these counties as part of its voluntary relocation program.

That is because there is a raft of state court litigation that has temporarily blocked the city's plans to do so, due to local zoning codes and state regulations regarding the placement of homeless shelters. Only the executive orders were impacted by Román's decision.

Jorge, 43, and Renny, 22, both from Venezuela, are two of the dozens of asylum seekers that were brought from New York City to the Crossroads Hotel in Newburgh. Both men, photographed outside the hotel May 31, 2023, said that they had to flee their home country because of danger faced by themselves and their families had they stayed. Jorge left a wife and two daughters behind.

There are, however, dozens of asylum seekers already living at two Orange County hotels.

How the volume of interlocking state and federal court decisions, temporary restraining orders, preliminary injunctions and rulings all affect one another will be certain to bedevil lawyers for Rockland and Orange counties and the migrants as these cases play out.

Nevertheless, Tuesday's decision removed one obstacle from the migrants in their quest to relocate to the suburbs.

Justin Rodriguez, a spokesperson for Orange County, said that the county disagreed with Román's decision but emphasized that his ruling wouldn't upend the status quo.

This article originally appeared on New York State Team: Asylum seekers discriminated against in Rockland, Orange, judge rules