Dutchess County officials sue to block New York City from sending asylum seekers

Dutchess County officials are suing to stop New York City from sending asylum seekers to proposed temporary shelters in Poughkeepsie, the latest in legal battles over the issue across the Hudson Valley.

The suit seeks to halt what it calls proposed “transporting and/or housing dozens, and possibly more, persons of unknown age or sex, who are experiencing homelessness, who currently reside at a temporary shelter in New York City” to the Red Roof Inn 394 and to a Holiday Inn, both on South Road in the town of Poughkeepsie.

Meanwhile, town of Poughkeepsie police on Sunday reported two buses arrived at the Red Roof Inn, according to a statement issued by County Executive Bill O'Neil's office on Monday, "but despite repeated requests, Dutchess County has not received any information about individuals, legally in NYC's custodian care, who have been transported by NYC to Dutchess County."

The county statement said that it's made requests to the city for information but hasn't received any about the people's identities, the total number or how long they will be here. The statement said New York City's mayor assured counties there would be advance notice about any people arriving but "that did not happen."

The county, O'Neil and Dutchess’ commissioner of the Department of Community and Family Services are bringing the suit against New York City, Mayor Eric Adams and the city’s acting commissioner of the Department of Social Services, as well as against the hotels' owner/operator limited liability companies.

A decision to transfer asylum seekers “exceeds their legal authority" and violates a county executive order barring county hotels from being used as emergency shelters, the suit says of the New York City officials, calling it an attempt to establish "an unregulated homeless shelter."

Adams’ executive order “was part of a fundamentally flawed process and exceeded the scope of the mayor's authority” under various city executive orders, the suit adds. “The executive orders purported to suspend various laws and rules applying to the siting, construction, and operations of ‘Humanitarian Emergency Response and Relief Centers,’ or ‘HERRCs,’ and suspended various sections of the New York City Charter, the New York City Administrative Code, and the Rules of the City of New York relating thereto. It provided no legal authority for the city to act outside of its jurisdictional borders, nor could it.”

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A spokesperson for Mayor Adams said in a statement Monday that it's a humanitarian crisis with nearly 70,000 asylum seekers having arrived in the city, and the city has opened a host of emergency sites including nine large-scale humanitarian relief centers.

"Every day, we receive hundreds of additional asylum seekers and we are out of space. New York City has done and will continue to do its part, but we need counties, cities, and towns across the state to do their part as well, especially when New York City is willing to pay for shelter, food, and more," Fabien Levy, the mayor's spokesman, said in the statement. "In most areas, we’re not even asking localities to help manage 1/4 of 1% of the asylum seekers that have arrived in New York City, and again with New York covering the costs. Many elected officials, community groups, and faith institutions have been overwhelmingly supportive and enthusiastic about welcoming these new New Yorkers to their cities and towns."

According to the suit, on May 17 O'Neil received an email from the New York City mayor's office director of state legislative affairs saying the city would move up to 44 homeless people to the Red Roof lnn.

The next day, the suit contends, Sabrina Jaar Marzouka, Dutchess County commissioner of community and family services, advised O'Neil the Red Roof Inn's owner/operator said he was in negotiations with New York City for placement of a group of homeless people. O'Neil called the New York City mayor's office director of state legislative affairs to confirm the arrival of about 44 homeless people at the Red Roof Inn on Sunday, May 21, rather than on May 18, but, the suit asserts, the officials would not confirm or deny such arrangement was being made with the Red Roof Inn owner/operator.

City officials' plans to transfer, the suit contends, are "illegal and misguided attempts to manage their burdens and assumed responsibilities within their borders by offloading them onto the county, which is already overburdened with responsibilities to its own citizens, with no planning whatsoever and without following the NYS statutes and regulations in place for managing such issues."

But advocacy group For the Many, which has been supportive of asylum seekers and condemned O'Neil's executive order on hotels, said in a statement that group members and City of Poughkeepsie Council member Megan Deichler were among those on hand Sunday to greet asylum seekers arriving at the Red Roof Inn.

"We are hopeful that his efforts to close Poughkeepsie’s borders to migrants will not be successful, and will continue to greet asylum seekers seeking to join our communities in the Hudson Valley," Daniel Atonna, of Poughkeepsie, For the Many political coordinator, said in the statement.

Deichler, the city council member, said in the statement, "These individuals are going through the legal process to seek asylum from conditions unimaginable to the average American. What we need at this point is empathy and compassion for these human beings and to remind ourselves that most Americans are the descendants of individuals much like these migrants who came to this country in pursuit of better opportunities and to escape persecution.”

Rockland and Orange counties have also brought actions against New York City transferring asylum seekers.

Orange County and town of Newburgh filed three lawsuits against the city and against local hotels to try to stop migrants from arriving. More than 180 asylum seekers have been living at Crossroads and a Ramada by Wyndham hotel in Newburgh. 

But Yonkers and Westchester County have said they would stand with the families who've arrived at a Ramada by Wyndham. Officials there expected 50 to 100 families to arrive at the hotel.

Earlier in May, Rockland officials opposed Adams' plan to put up to 340 single male asylum seekers in an Orangetown hotel, asserting it was an attempt to establish a non-permitted homeless shelter.

Last week, Robert Doherty, Sullivan County Legislature chairman, said in a statement that New York City told the county 80 social service clients would be sent from the city to the Knights Inn in Liberty. Sullivan County Manager Joshua Potosek declared a state of emergency because of the impending arrivals.

"Sullivan County will do what it needs to do -- including availing itself of all rights and remedies provided by law -- to oppose this ill-timed and poorly-planned process, while at the same time ensuring the safety of our residents and businesses, and those who come here," Doherty said.

Potosek said last week that Sullivan has a housing crisis that limits its providing temporary, permanent or emergency housing for its own citizens. The state of emergency will be for 30 days or until rescinded by a subsequent order.

Michael McKinney is a breaking news reporter for The Journal News, Poughkeepsie Journal and Times Herald-Record of Middletown.