KINGSTON, N.Y. — The county Legislature’s Democratic caucus wants to establish a county policy governing interactions between county employees and U.S. Immigration and Customs Enforcement agents.
Legislature Chairman Peter Criswell has introduced a resolution that would codify standards established through an executive order signed by former County Executive Pat Ryan and a policy adopted by Sheriff Juan Figueroa in 2019.
The resolution is cosigned by the body’s other 18 Democratic legislators. None of the Legislature’s four Republican members are cosponsors.
In a press release announcing the resolution on Friday, Criswell, D-Kingston, said the policy would not obstruct lawful federal law enforcement activities or prevent federal authorities from carrying out their duties.
It would, though, prohibit the use of county property as staging areas for federal immigration enforcement activities, prohibit county employees from sharing non-public personal information for immigration enforcement unless required by law, and require federal authorities to present a warrant signed by a federal judge to access non-public areas of county facilities, including those in the county’s custody.
“This is about something simple: protecting constitutional rights and making sure our County government operates with clarity and consistency,” Criswell said in the release. “We’re not reinventing anything — we’re locking in protections that have already proven to work.”
In 2019, Ryan, who is now a congressman representing the 18th Congressional District, signed an executive order prohibiting county employees from disclosing information about an individual’s immigration status to federal authorities unless required by law. It also directed county officials to cease asking individuals about their immigration status unless the information is required by law or necessary to determine eligibility for a service or program. And it prohibited county employees, including law enforcement, from allowing ICE or Customs and Border Protection employees access to people in county custody or from using county facilities to question or interview those individuals without a judicial warrant.
Also that year, Figueroa enacted a policy within the Sheriff’s Office under which it will not recognize administrative warrants or proactively notify immigration of the status of individuals in custody.
Criswell said the legislative policy — which comes amid growing national backlash over what many see as the overly aggressive actions of immigration officials —will ensure that an individual’s constitutional rights are respected, that county employees have clear guidance, and that the policies remain consistent regardless of who is in office.
“These policies have served Ulster County well for five years, and now we’re making them permanent,” Criswell stated in the release.
The policy would give county departments 60 days to establish procedures for responding to federal immigration inquiries and would give the county the ability to provide public education, staff training, and informational resources regarding constitutional rights and lawful interactions with immigration authorities, the announcement said.
Because the county sheriff is an independently elected constitutional officer, the policy would not apply to the Ulster County Jail or to facilities and areas under the sheriff’s control. However, Criswell said in the release, the proposal “aligns” with the 2019 policy enacted by Figueroa that requires immigration officials to present judicial warrants to access people in custody and that declines to honor civil immigration detainers.
The proposed policy comes on the heels of a local law proposed by County Executive Jen Metzger that would establish “a presumption against the use of facial‑concealing masks” except in certain specific instances and would require all law enforcement agents who interact with the public to visibly display identification, such as a last name, badge number, or unique identifying number, and to provide that information verbally upon request.
Both proposals are expected to be taken up by legislative committees in April.