Tuesday, February 21, 2017

An Executive Order of Her Own

While the Common Council Legal Committee works on a resolution to declare Hudson a sanctuary city, Police Commissioner Martha Harvey and Mayor Tiffany Martin Hamilton yesterday issued an "Order on the Use of City Resources and Facilities." The order directs that "no resources, facilities, or property of the City of Hudson that are ordinarily or generally in the use or control of the City of Hudson Police Department . . . shall be made available for use by agents, officers, or employees of United States Immigration and Customs Enforcement ("ICE") except as may be required by law." The full text of the order appears below. Click on the image to enlarge.


Thanks to Bill Williams at 98.5 The Cat for bringing this to our attention


  1. It would be a travesty (though useful to some) to automatically assume that this order is contrary to the wishes of an HPD which never fancied itself an arm of immigration enforcement.

    As for potentially nullifying federal laws, the language of this imminent Resolution must be drafted with the utmost care. Hudson is liable to pay a price, so we could do worse than keep in mind what Andrew Jackson (Trump's hero) told John Calhoun about the Executive's thoughts on nullification.

  2. What is interesting to me, and what the Mayor is hopefully aware of is Immigration and Nationality Act (INA) Section 287(g), codified at 8 U.S.C. § 1357(g) which authorizes the Federal Government to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a memorandum of agreement, provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers. Under 287(g), with federal approval and training, ICE provides state and local law enforcement officers with the training and authorization to identify, process, and--when appropriate--detain immigration offenders they encounter during their regular, daily law-enforcement activity.

    The mayor's executive order, while I consider it noble, will be butting up against Federal Law. I hope that the council and the mayor are in contact with State Attorney Eric Schneiderman, because this could turn into a broad court case.