SCULTI EXECUTIVE ORDER NO. 1-2025

WHEREAS, on March 20, 2018, the Westchester County Board of Legislators enacted the so-called “Immigrant Protection Act” known as Act No. 19-2018; WHEREAS Act No. 19-2018 purports to direct the Commissioners of County Law Enforcement Agencies, namely, Correction, Probation and Public Safety and their personnel to refuse cooperation with federal law enforcement agencies in particular circumstances; and WHEREAS Act No. 19-2018 effectively diminishes the authority of the County Executive to “…supervise, direct and control, subject to law and the provisions of [the County Charter] the administrative services and departments of the county…”; and WHEREAS the Westchester County Charter plainly reserves to the County Executive the managerial authority over and control of administrative services and departments subject to the County Charter itself, applicable state law, and county Local Laws; and WHEREAS, New York Municipal Home Rule Section 23 holds that a local law is subject to MANDATORY referendum if it “… abolishes, transfers or curtails ANY power of an elected officer…” (sub f of paragraph 2); and WHEREAS, Act 19-2018 purports to curtail the County Executive’s charter authority to supervise, direct and control the Departments of Public Safety, Correction and Probation or as it refers to them: CLEAs (i.e. county law enforcement agencies) and as such may only be enacted by Local Law with mandatory referendum; WHEREAS, Act 19-2018 was not enacted by Local Law and was not subsequently approved at referendum by Westchester voters and is therefore void and unenforceable; WHEREAS, the United States Attorney General has this month stated that federal assistance will be cut off to municipalities that do not cooperate with the federal government in immigration matters; and WHEREAS, the adopted 2025 Westchester County Operating Budget relies on $251,862,874 in federal aid and the loss of such funding would unacceptably damage the county’s fiscal standing forcing dangerous cuts in spending, unacceptable revenue increases and calamitous downgrades; NOW, THEREFORE, I, Christine A. Sculti, County Executive of the County of Westchester, by virtue of the authority vested in me by the laws of the United States, State of New York and Westchester County, hereby direct that, effective immediately, all executive Departments and Offices of the County of Westchester, and in particular the Departments of Correction, Probation and Public Safety, are to provide full lawful cooperation with the United States Immigration and Naturalization Service and any Federal Law Enforcement or Administrative Agency working to enforce United States Immigration Laws; and RESOLVED, that this Executive Order shall take effect immediately and shall remain in effect until otherwise superseded or revoked by local law with mandatory referendum.