The New York City Charter Revision Commission (CRC) released the “2024 Charter Revision Commission Final Report” on July 23rd, listing five proposed amendments to the New York City Charter that will require a public vote during the November election. However, the issue of whether to “repeal the New York City sanctuary city law” was not included in the referendum.
In June of this year, the Common-Sense Caucus of the New York City Council wrote to the New York City Charter Revision Commission, requesting that the issue of whether to support repealing the New York City sanctuary city law be included in the referendum to be held later this year.
On July 22nd, the Charter Revision Commission held a public hearing at the Central Library in Queens where several city council members and members of the public expressed their support or opposition to various issues. The day after this public hearing, the New York City Charter Revision Commission issued the final report, which did not include the issue of supporting the repeal of the sanctuary city law in the November referendum.
The Commission explained its decision in the Final Report, stating: “Considering the repeated administrative and legislative actions in this area, the legal constructs of relevant state laws, and the ongoing and unpredictable challenges brought by the influx of new immigrants to New York City, the Commission believes it is not appropriate at this time to present a referendum question on this important issue.”
In response to this decision, Councilman Robert Holden, who pushed for the referendum this year, stated, “The Charter Revision Commission missed a crucial opportunity to correct the mistakes of the sanctuary city law. They held hearings when regular New Yorkers could not attend and ignored hundreds of written requests to repeal the law. At a time when our borders are full of holes and terrorists are slipping in, not putting this on the ballot is a huge failure. It’s just a show.”
The Final Report listed the relevant laws that make New York City a sanctuary city: The sanctuary city law in New York City began with an executive order issued by then-Mayor Ed Koch in 1989 (Executive Order 124, which is no longer effective): City government employees are prohibited from sharing immigration status information with federal immigration authorities unless the immigrant is suspected of engaging in criminal activities.
In 2003, Mayor Bloomberg issued two executive orders (Executive Orders 34 and 41, still in effect today): the police department cannot inquire about the immigration status of crime victims, witnesses, or others seeking police assistance; New York City law enforcement agencies cannot inquire about an individual’s immigration status unless investigating the illegal activities of undocumented immigrants; in 2011, the City Council passed local laws (with additional restrictions added in 2014 and 2018) – prohibiting New York City from cooperating with federal immigration enforcement authorities unless presented with judicial arrest warrants from federal immigration authorities, city government employees cannot assist immigration enforcement agencies.
Additionally, a 2018 ruling by the New York State Appellate Court interpreted New York State law prohibiting local law enforcement agencies from detaining and holding individuals based on detainer requests and administrative arrest warrants from Immigration and Customs Enforcement unless amended by state law or as otherwise provided by the New York State Supreme Court.
During the public hearing in Queens on July 22nd, New York State Association of Towns President Huang Youxing, who testified, stated in an interview that during the hearing, when the Commission Chair asked how many people supported canceling the sanctuary city law, “most people in the room raised their hands.”
Huang Youxing said that the sanctuary city law was left by Mayor Ed Koch when there were no issues about open borders, but now with the open doors at the borders, anyone can come in, and New York City does not have enough resources to address the immigrant issues brought by open borders. It is worth revisiting the current sanctuary city law, and considering its repeal to meet the needs of today. However, several council members testified that putting the issue of whether to cancel the sanctuary city law in the November referendum was rushed, with significant opposition. Some council members also proposed considering it during the next mayoral election year to see how the situation evolves.
The Charter Revision Commission will vote on the “2024 Charter Revision Commission Final Report” at a meeting at the Brooklyn Public Library on July 25th.