NY’s Orange, Rockland migrant ban ruled unconstitutional: fed judge Nelson Roman
A federal judge has issued a preliminary injunction against two upstate New York counties, barring them from enforcing emergency orders aimed at blocking migrants from relocating there from New York City. The decision by Judge Nelson Roman of the Southern District of New York came after the four migrant plaintiffs argued that the counties’ executive orders violated their constitutional rights to Due Process and Equal Protection. The migrants argued that the orders were discriminatory, as they expressly classified people based on national origin, alienage and race. The ruling does not interfere with temporary restraining orders previously issued by state Supreme Courts, which bar migrants from being housed in local hotels on the basis of violations of local zoning laws.
FAQs
What did the federal judge decide?
Judge Nelson Roman of the Southern District of New York decided to issue a preliminary injunction against two upstate counties, preventing them from enforcing emergency orders that aimed to prevent migrants from relocating there from New York City.
Why did the judge make this decision?
The judge agreed with four migrant plaintiffs who argued that the counties’ executive orders violated their constitutional rights to Due Process and Equal Protection. The plaintiffs argued that the orders were discriminatory, as they expressly classified people based on national origin, alienage and race.
What is the impact of the ruling?
The ruling means that the counties cannot enforce their executive orders and must allow migrants to move freely within New York. However, it does not interfere with temporary restraining orders previously issued by state Supreme Courts, which bar migrants from being housed in local hotels on the basis of violations of local zoning laws.
Are the counties planning to appeal the ruling?
Yes, the counties’ executives have expressed plans to appeal the judge’s decision. Rockland County Executive Ed Day, a Republican, said that he is considering all legal options, including an appeal of the ruling.
What do the plaintiffs and their representatives say about the ruling?
The plaintiffs and their representatives see the ruling as sending a message against discriminatory executive orders. The New York Civil Liberties Union, who is representing the plaintiffs, said the decision sent “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.”
Federal Judge Nelson Roman declares Orange and Rockland migrant ban unconstitutional in NY.
A federal judge has issued a preliminary injunction against two upstate New York counties, Rockland and Orange, to prevent them from enforcing emergency orders aimed at preventing migrants from relocating there from New York City. Judge Nelson Roman of the Southern District of New York ruled that the executive orders from both counties violated the Due Process and 14th Amendment’s Equal Protection clauses of the US Constitution. The four migrant plaintiffs, Sidi Mouhamed Deide, Adama Sy, Abdallahi Salem, and Mouhamed Said Maloum Din, who initiated the case, argued that the orders were “intentionally discriminatory” and violated their Fourteenth Amendment rights. The ruling comes after New York City Mayor, Eric Adams, announced last month that a new migrant bussing operation would combat the city’s shrinking shelter space by relocating migrants to upstate counties. The move caused outrage among Rockland and Orange counties, which both received temporary restraining orders against the plan from the state Supreme Court.