'Smells like Jim Crow law': Federal judge furious over asylum seeker executive orders

White Plains federal judge Nelson Román repeatedly invoked the specter of Jim Crow in a hearing Thursday morning as he weighed the validity of various executive orders seeking to block the transfer of asylum seekers outside of New York City.

The hearing stemmed from a lawsuit filed by the New York Civil Liberties Union on behalf of several asylum seekers alleging that executive orders issued by Rockland and Orange counties meddle with immigration matters controlled by federal law. Additionally, the asylum seekers allege they were targeted because of their race, and that their right to travel has been restricted, in violation of the U.S. Constitution.

Rockland and Orange Counties filed the executive orders in response to New York City indicating it would send hundreds of asylum seekers out of the city to hotels in surrounding counties. Despite this, over 100 asylum seekers were sent to several hotels in Newburgh last month, while about 40 arrived at a Yonkers hotel around the same time.

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What happened at the hearing?

Román said that the executive orders smelled "like a Jim Crow law − not that I'm saying it is." He nevertheless repeated that analogue at multiple points during the hearing.

Román warned that he was disinclined to let the hearing devolve into squabbling over political issues. But the fundamental nature of the disagreement — whether these executive orders were racist — inevitably led the argument to become personal and heated.

"That is the most dishonest response I've ever received," Román said at one point, following an unsatisfactory answer from Assistant Rockland County Attorney Larraine Feiden about whether the orders interfered with the migrants' right to travel.

The extraordinarily contentious hearing did not result in an immediate ruling, but Román suggested he would be inclined to find these orders unconstitutional, unless there was some compelling reason why he should refrain from interfering with state affairs.

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Which other counties filed in court over asylum seekers?

There are at least five New York state court cases currently ongoing over the issue of relocating asylum seekers. Several state judges have also issued temporary restraining orders prohibiting the transfer of asylum seekers from New York City.

Politics and the debate over the presence of migrants intruded into Thursday's hearing at multiple points. Amy Belsher, an attorney for NYCLU, said that "even if you think somebody is indigent and even if they might be, you can't put up a wall around your county."

Feiden emphasized that allowing the asylum seekers to arrive is "very likely going to affect the quality of life for Rockland County residents." She further insisted that the county was not trampling on anyone's constitutional rights.

But Román grew increasingly irritated during his colloquy with the Rockland attorneys, to the point where he started yelling at Feiden.

After Feiden noted "the potential for harm" and "the potential for mayhem" that would ensue if the hundreds of asylum seekers were allowed to reside at a Rockland County hotel, Román fired back, "Do you get a sense for what this sounds like?"

But Feiden insisted that "we don't want the city imposing their problems on Rockland County."

When could the judge issue a decision?

Román reserved judgement on Belsher's request, which was for a provisional ruling blocking the executive orders, until Monday afternoon, at the earliest.

Could his decision allow asylum seekers into Rockland, Orange hotels?

It is not believed that Román's order, if issued, would automatically invalidate those restraining orders. Even if the executive orders are pared back, or stricken entirely, counties might still have other bases to prevent migrants from residing within their borders, either through state regulations governing homeless shelters or local zoning laws.