State judge temporarily blocks Mayor Adams’ plan to send migrants to Rockland hotel

Rockland County and New York City are taking their battle over migrants to court.

A state judge issued a temporary restraining order blocking a Rockland County hotel from accepting asylum-seekers from New York City, even as Mayor Eric Adams' administration said it would move forward with its plan to relocate hundreds of migrants to the suburbs.

The restraining order by state Supreme Court Judge Christie L. D’Alessio came in response to a complaint filed by the town of Orangetown, which argues that the Armoni Inn and Suites would be violating local zoning ordinances by serving as a “long-term housing facility for asylum-seekers” from New York City.

The parties were ordered to appear at a court hearing on Monday.

In response to the restraining order, Adams administration spokesperson Fabien Levy said, “We will allow the hotel to decide how to move forward in Rockland County, but our plan is still to move a small number of asylum-seekers to Orange County today, barring any security issues.”

Levy additionally took aim at Rockland County Executive Ed Day, who he said was “incapable of demonstrating a shred of the humane and compassionate care New York City has shown over the past year,” by sheltering, feeding and caring for more than 61,000 migrants. Levy urged the federal government to intervene, arguing that “until they do, we need other elected officials around the state and country to do their part.”

The latest turn means that the yearlong crisis, which has largely pit New York City against Southern states, has also become a regional standoff. Upstate officials have taken aim at New York’s status as a sanctuary city and Levy has argued that upstate officials were engaging in “racist rhetoric,” a charge that Day and other upstate officials rejected.

During a press conference on Monday, Day said Adams had blindsided upstate officials with his plan to send 300 or more single, male migrants to Rockland and Orange counties, and that they lacked the capacity to deal with the influx.

“This is incentivizing illegal immigration,” said Day of the mayor's plan. Rep. Mike Lawler, a Republican who represents Rockland County, argued, “New York City is a sanctuary city. Rockland County is not. And we will not pay for the foolish policy decisions made by a city council that has been led by radical socialists.”

The furor also drew in Gov. Kathy Hochul, who on Tuesday declared a disaster emergency and mobilized 500 members of the National Guard to help manage the migrant crisis.

In a statement, Hochul said the total mobilization of National Guard members now stands at 1,500 servicemembers, many of whom are tasked with providing logistical and operational support at the Port Authority Bus Terminal and shelter sites. She said the personnel would be especially helpful as Title 42, a pandemic-era law meant to limit crossings over the southern border into the U.S., is set to expire on Thursday.

"With Title 42 set to expire [on Thursday], the circumstances on the ground are expected to change significantly and this executive order will be an important part of our coordinated response,” said Hochul in her statement. “I have spoken to Mayor Adams and county executives throughout New York as we work to address this situation."

The governor’s office also noted that Hochul and the state Legislature had secured $1 billion in funding for the crisis, including $741 million for shelters, $162 million for the National Guard and $137 million for health care costs.

But Adams has pressed for a “decompression strategy” from the federal government, and in the absence of one, he has attempted to move some asylum-seekers to other municipalities.

Some legal experts said any attempts to prevent people from relocating upstate were unconstitutional.

“A locality cannot ban people from coming into their communities under the U.S. Constitution,” said Ross Sandler, a professor at New York Law School. “The city can legally purchase or rent housing wherever it is offered by private owners so long as the money is budgeted by the city.”

He added, “Local zoning may prevent certain uses of buildings such as multifamily housing in areas zoned for one family but if the building is zoned for hotel or similar uses and the private owner wants to rent to the city there is no bar.”

Amy Belsher, a senior staff attorney at the New York Civil Liberties Union, said that executive orders issued by Day and his counterpart in Orange County were unlikely to withstand legal challenges.

“We believe the two counties’ executive orders violate migrants’ rights to equal protection and to freedom of intrastate travel under the 14th Amendment and that the counties are acting in excess of their authority under NY State Executive Law Section 24.”