Tedisco and Buttenschon Announce New Bi-Partisan "Migrant Home Rule Transfer Transparency Act"

Senator Tedisco & Assemblymember Buttenschon’s bill empowers local governments to prevent migrants from being transported from New York City to Upstate communities without getting home rule support from affected municipalities

Senator Jim Tedisco (R,C-44th Senate District) and Assemblymember Marianne Buttenschon (D-Utica/Rome  today announced new bi-partisan legislation they are sponsoring in the state Senate and Assembly to help New York State communities be pro-active and respond to the growing crisis of New York City and the federal government transporting migrants to Upstate communities without notification.

Tedisco and Buttenschon’s bill, the “Migrant Home Rule Transfer Transparency Act” (S.7615/A.8008), would stop one municipality such as New York City from transferring migrants to Upstate communities without notification and getting their sign-off to ensure these municipalities are willing and able to take on the significant burden of hosting these individuals. 

Gateway municipalities such as New York City would have 30 days to notify another town, city, village, and county of their intention to make these transfers. If the receiving municipality does not pass a resolution accepting these individuals, they will have to look elsewhere. The bill puts teeth into the law by creating a $1,000 per day penalty for each transferred individual if New York City or any other municipality transfers them without getting a home rule acceptance from the intended host community.

Among the unexpected and unbudgeted for financial burdens that some school districts such as Mohonasen in Rotterdam are incurring is the expense of hiring additional staff to meet the English as a Second Language needs of 70 new students.  New York City is not covering the reimbursement costs for these new education expenses.

“We support immigration and a path to citizenship and have tremendous compassion for those who seek to live in freedom and liberty in our great country. Sadly, we currently have paralysis on the part of the federal government who have failed to secure the border and enact common sense immigration policy. It’s been made worse by a lack of regard from the chief executive of the City of New York who just shuffles people off to other communities in our state without first consulting them.  This is a bipartisan issue impacting municipalities in our districts and across the state. That’s why I’m proud to join Assemblymember Buttenschon and work across party lines to sponsor the ‘Migrant Home Rule Transfer Transparency Act’ to call for greater transparency, communication, and common sense on this situation because what’s happening right now in our state does not solve the problem, it exacerbates it,” said Senator Jim Tedisco.

“One thing we learned from the pandemic is planning is everything.  This legislation provides our local municipalities with a notification of a request to host individuals with migrant status and the municipality make the choice if they have the resources to provide the necessary services that would be needed.  I appreciate this partnership with Senator Tedisco in ensuring our local communities are prepared and making informed decisions,” said Assemblymember Marianne Buttenschon.

related legislation