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 Assembly Republican Leader Will Barclay (R,C-Pulaski) and his Republican colleagues in the Assembly and Senate discussed serious concerns with the state's handling of the migrant crisis and subsequent crime taking place.

 Legislation introduced by Assemblyman Jarett Gandolfo (R,C-Sayville) and Sen. Andrew Lanza would require state cooperation with the U.S. Immigration and Customs Enforcement (ICE) in New York state, as the migrant crisis continues to spiral out of control. More than 170,000 migrants have entered New York since the crisis began.

     "Joe Biden left the southern border open for three years, and illegal migrants have taken full advantage of the welcome mat rolled out by New York Democrats. By undermining the authority of ICE and other federal agencies, Democrats threw gas on a fire and have no ability to get it under control," Assembly Republican Leader Will Barclay (R,C-Pulaski) said. "I commend Assemblyman Gandolfo for introducing this legislation as the migrant crisis continues to intensify. It's time to restore the basic protocols that protect our nation's sovereignty and our citizens."

     "The migrant crisis continues to spiral out of control as a direct result of open borders, sanctuary policies, and soft-on-crime measures championed by Democrats at the state and federal level. Gov. Hochul and President Biden could take measures to reverse the massive influx of migrants with the stroke of their pens, but they continue to allow it unchecked – leaving New York taxpayers on the hook and our streets less safe. I applaud Senator Lanza and Assemblyman Gandolfo for this bill that will ensure law enforcement can cooperate with federal officials – if our governor and President won't act to protect New Yorkers, the Legislature must step in to do so," said Senate Republican Leader Rob Ortt.

     In 2017, former Governor Andrew Cuomo signed Executive Order 170, which effectively designated New York as a sanctuary state and tied the hands of law enforcement when it came to cooperating with federal ICE agents. Gov. Hochul, as governor, has the ability to rescind this order, but has not, and has taken no action to address the massive influx of illegal immigrants into New York City and the state.

     In response to the inaction of the governor, Assemblyman Gandolfo and Sen. Lanza introduced legislation (A.9167)/(S.8533) that would require local and state law enforcement and certain courts to notify ICE of the arrest or conviction of non-citizens, reinstate the 365-day maximum sentence for a class A misdemeanor, and repeal the "protect our courts act" of 2020, which was designed to discourage cooperation and enforcement of federal immigration laws.

     "New York Democrats have consistently worked to undermine federal immigration authorities and protect those who enter the United States illegally," said Assemblyman Jarett Gandolfo. "When migrants feel emboldened to commit acts of violence against New Yorkers, including police officers, it is clear that we need immediate action. We must compel law enforcement at every level to cooperate with ICE, and strengthen our laws so that New York is no longer a preferred destination for illegal immigrants - especially those with criminal intent."

     "The failed immigration policies of President Biden and Gov. Hochul are making New Yorkers less safe.  Illegal migrants attacking our citizens and our brave men and women in law enforcement must be deported.  This bill reverses course and allows our courts and police to notify federal authorities to get these dangerous people off our streets.   I want to thank Assemblyman Gandolfo for sponsoring this bill in the Assembly, and Leaders Ortt and Barclay for their steadfast leadership on this issue," said Senate Deputy Minority Leader Andrew Lanza.

     This legislation would require law enforcement agencies in New York to forward fingerprints and associated reports to ICE upon the arrest of non-citizens. In addition, this bill requires courts in New York to notify ICE upon a felony or misdemeanor conviction of a non-citizen.

     In recent years, New York state passed legislation that severely limits the ability of federal immigration officials to detain and track undocumented immigrants within the state. Democrat-supported laws have made New York an attractive destination for migrants by establishing New York as a "Sanctuary State." 

     This bill would also restore the penalty for certain misdemeanor crimes committed by non-citizens so it is in line with federal law to ensure truly reprehensible crimes are eligible for deportation. This would reverse a 2019 law that reduced the maximum sentence for these crimes and prevented the deportation of potentially dangerous illegal migrants.