ALBANY COUNTY — Joining a growing list of upstate leaders, Albany County Executive Daniel McCoy on Tuesday afternoon declared a state of emergency and issued an emergency order to prevent an uncontrolled influx of asylum seekers.

The emergency is declared because of the May 11 expiration of Title 42, it says, “resulting in a surge of migration into the United States and into New York State and the anticipated migration of migrants and/or asylum seekers into the county of Albany, which will result in a severe housing crisis as a result of the limited number of temporary and permanent housing available in the County.”

The county’s state of emergency will remain in effect until rescinded by a subsequent order.

On May 9, Governor Kathy Hochul had issued an Executive Order to help provide aid to asylum seekers expected to arrive in New York as federal Title 42 immigration policy ended with the 2020 federal pandemic public-health emergency.

Hochul declared a state disaster emergency as of May 9, in effect through June 8, for the entire state.

Her order was to “provide the State with greater flexibility to procure the resources necessary for municipalities to support asylum seekers while also allowing the State to increase the number of National Guard service members providing logistical and operational support,” according to a release from the governor’s office at the time.

The order says that New York City alone was providing temporary housing for 36,738 migrants from the southern border, a number that has increased by 12,279 since January and an additional 1,578 in just the week prior.

“The arrival of increased numbers of migrants seeking shelter in the City and State of New York  is expected to exacerbate an already large-scale humanitarian crisis and create a disaster emergency to which local governments are unable to adequately respond, creating a threat to health and safety, which could result in the loss of life or property,” the executive order states.

The order was to allow New York state to mobilize an additional 500 members of the National Guard, who were providing support at the Port Authority and shelter sites, bringing the total mobilization to approximately 1,500 service members, the release said. It was also to allow the state and localities to “quickly purchase necessary supplies and resources, including food and equipment.”

Since then, as upstate communities have balked at asylum seekers arriving through New York City, Hochul and New York City’s mayor, Eric Adams, have called on the White House to shorten the current 180 days it takes for asylum seekers to get authorized to work. More than a week ago, Hochul said it could be a game-changer if asylum seekers could fill labor shortages on farms and in hotels.

McCoy’s order

The emergency order that McCoy issued on Tuesday afternoon keeps in place county programs for “previously designated migrant families” but prohibits “foreign municipal programs that burden the County.”

“No municipality may make contracts with persons, businesses or entities doing business within the County to transport migrants or asylum seekers to locations in the county, or to house persons at locations in the County for any length of time without the express written permission of the County Executive or his designee,” the order says.

The order goes on to say that no hotel, motel, or owner of a shelter or multiple dwelling may engage in business with a municipality other than Albany County to provide housing for migrants without a license from the county, to be granted only by its commissioner of social services.

A license would be granted only if the applicant and the “foreign municipality” show that the migrants will be returned to the foreign municipality and, during their time in Albany County, the foreign municipality will pay for schooling, law enforcement, welfare care, medical, and any other expenses.

The order takes effect immediately and is in effect for five days unless sooner modified, extended, or revoked. It can be extended every five days during the county’s state of emergency.

“Failure to obey this order is a criminal offense, punishable by law …,” the order concludes.

In a Tuesday afternoon release, McCoy said, “As County Executive, my first priority is to the safety and wellbeing of everyone within Albany County. Allowing for the transportation of busloads of migrant families within our County communities without a plan and without clear communication does not protect our residents and it does not protect the migrant families seeking asylum.”

He also said, “Working together with partners at state, county and local level, together with non-profit community organizations we can achieve success; not through a unilateral decision of one city.”

McCoy noted that Adam Bello, executive for Monroe County in western New York, was issuing a similar declaration and order on Tuesday.

Less than two hours after McCoy, a Democrat with a Democrat-dominated county legislature, issued the state of emergency, Frank Mauriello, a county legislator representing the western part of Colonie who serves as Minority Leader of the Republican Conference, issued a statement in support of it.

“From the start, the Biden administration has completely failed to control the flow of illegal immigration through our southern border, and it is the taxpayers paying the ultimate price for that failure,” said Mauriello. “New York City has tried to shift this crisis to Upstate counties and state leaders have failed to lead, but ultimately a federal crisis requires a federal response.”