Allowing the county to quickly respond to the potential arrival of asylum seekers

Edward P. RomainE, Suffolk County Executive
Posted 8/8/24

I, Edward P. Romaine, Suffolk County Executive, in accordance with a Proclamation of a Local State of Emergency issued on January 5, 2024, February 4, 2024, March 5, 2024, April 4, 2024, May 3, 2024, …

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Allowing the county to quickly respond to the potential arrival of asylum seekers

Posted

I, Edward P. Romaine, Suffolk County Executive, in accordance with a Proclamation of a Local State of Emergency issued on January 5, 2024, February 4, 2024, March 5, 2024, April 4, 2024, May 3, 2024, May 31, 2024 and June 28, 2024 do hereby find and order as follows:

Whereas, on August 2, 2021 the Federal Government issued an Order pursuant to 42 U.S.C. secs. 362 and 365 (the “Title 42 Order”) prohibiting migration into the United States by “covered noncitizens” traveling from Canada or Mexico; and

Whereas, the Title 42 Order expired on May 11, 2023 and upon its expiration, an anticipated surge of migration into the United States commenced resulting with the imminent arrival of individuals into New York State at an increased rate; and

Whereas, Suffolk County recognizes that the anticipated uncoordinated moving of people into the County of Suffolk will result in a severe housing crisis as a result of the limited number of temporary and permanent housing available in the County.

Now, therefore, I, Edward P. Romaine, Suffolk County Executive by the power vested in me by the Suffolk County Charter and the Laws of the State of New York and pursuant to Section 24 of Article 2-B of the New York State Executive Law, do hereby temporarily suspend or modify any statute, local law, resolution, order, rule or regulation or parts thereof, if compliance with such statute, local law, resolution, order, rule or regulation would prevent, hinder or delay action necessary to assist, aid or cope with the aforementioned State of Emergency, and I hereby order the following:

A. The formation of an intergovernmental team (the “intergovernmental team”) that includes the Chief Deputy County Executive, which shall coordinate to assist in meeting the needs of the County as a result of any potential housing crisis in the County.

B. All County Departments are required to work with the County Executive’s office to effectuate any emergency measures that need to be addressed as a result of this Order.

C. No hotel, motel, owner of a multiple dwelling, or shelter in Suffolk County is permitted to contract or otherwise engage in business with any other municipality (an “external municipality”)  for the purpose of providing housing or accommodations for asylum seekers without the permission or coordination of Suffolk County. This prohibition extends to any person or entity participating in an external municipality’s government program, or a contract or service funded by an external municipality or acting on behalf of any external municipality or the State of New York.

D. In order to effectuate Suffolk County’s role in this emergency, all procurement policies for the purchase of equipment, supplies or contracts, relating to this emergency, are suspended, specifically: Suffolk County Code Chapters 1065 and 189; Article IV sections A 4-13 and 14; Article V section A5-1; Charter section C5-2 (C) and (L); and Section A5-8, Chap. 575, Chap. 803, Chap. 353 and Local Law 41-2013 to the extent that they require execution of documentation of compliance; and all related procurement laws, rules, and regulations required to comply with this Emergency Order.

E. Regardless of any other remedy or relief brought by the County for any violation, the County Executive is authorized to direct the County Attorney to commence actions or proceedings in the name of the County, in a court of competent jurisdiction, to abate any violation of, or to enforce any provision of this Emergency Order.

F. Remedies Not Exclusive.

No remedy or penalty specified in this Emergency Order shall be the exclusive remedy or remedy available to address any violation described in this Executive Order.

Each remedy or penalty specified in the Emergency Order shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Emergency Order or in any other applicable law.

Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in the Emergency Order or in any other applicable law.

In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in New York Executive Law Section 24, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in New York Executive Law Section 24.

G. Effective Date

This Executive Order shall take effect immediately.

And I further order, that all Suffolk County Departments, Agencies, and Divisions or other duly authorized law enforcement agencies take whatever steps are necessary to assist in performing such emergency measures as deemed necessary; and further order that this order shall cease to be in effect five (5) days after promulgation or upon declaration by the County Executive that the state of emergency no longer exists, whichever occurs sooner.  The County Executive nevertheless, may extend such orders for additional periods not to exceed five (5) days each during the pendency of the local state of emergency.  Failure to obey this order is a criminal offense, punishable by law under New York State Executive Law § 24(5).

Dated:  July 24, 2024

Edward P. Romaine

Suffolk County Executive n

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