Migrants sit in a queue outside of The Roosevelt Hotel that is being used by the city as temporary housing in July in New York City. AP file photo

Democrats and Republicans in the state Assembly are weighing in with legislative proposals to deal with the state’s migrant crisis.

Two bills have been introduced this week to authorize work permits for anyone seeking asylum in New York state while a third proposal would require a local opt-in of migrant housing. Typically, none of the bills would be on the legislative agenda until at least January when the next state legislative session begins, but there have been rumblings from Albany that a special session could be called before the end of the year to deal with migrant-related matters.

Republicans called for a special session on Sept. 1 while Gov. Kathy Hochul has said she can call a special session at any time but needs an objective before she will do so.

“The migrant crisis has spiraled out of control and New York’s elected representatives must take immediate action. The lack of transparency, clarity and leadership have been glaring, which is why 82% of New Yorkers recognize this crisis as a serious problem. Assembly Republicans and our colleagues in the Senate have offered substantial proposals to establish guidelines and protect the people of New York. Letters to Joe Biden and meetings with White House staffers aren’t the solution. We need an immediate special session of the Legislature,” said Assembly Republican Leader Will Barclay, R-Fulton.

WORK AUTHORIZATION BILLS

Assemblywoman Jennifer Rajkumar, D-Woodhaven, and Assemblywoman Catalina Cruz, D-Corona, have each introduced legislation authorizing New York work permits for asylum seekers. Rajkumar ‘s bill (A.8037) would amend the state Labor Law allowing the state labor commissioner to create work rules and regulations for asylum applicants to be eligible to work in New York state.

Current federal law requires that an asylum seeker wait 150 days before applying for a work permit. Additionally, they are not eligible to receive an Employment Authorization Document (EAD) until their asylum application has been pending for a total of 180 days. Existing work permit applications can take anywhere from six and 14 months to process, leaving asylum seekers without the legal paperwork required to obtain a job.

“At the same time, there are 460,000 job openings in New York state, and over 120,000 fewer people in the labor force than pre-pandemic. Businesses throughout the state report an eagerness to hire asylum seekers. This bill will allow asylum seekers to be self-sufficient, bring talent to the labor market, and relieve the financial burden facing New York City.”

Cruz’ bill (A.8021) is more specific. She calls on the state labor commissioner to develop rules and regulations within 30 days for a temporary program that would give work permits to asylum seekers within 45 days of an application with no fee charged. Permits will be valid for 18 months and be renewable. Her legislation also uses the federal definition of an asylum seeker to classify who is eligible for the state Worker Permit Program so that it includes both asylum seekers who have filed federal paperwork and those who are in the process of filling out the application. A right for asylum seekers to seek work would be added to the state Human Rights Law while asylum seekers would also be added to the state’s definition of protected classes.

“Largely due to federal government policies that are antithetical to the well-being of both the asylum seekers and their welcoming communities, this group of immigrants is forced to work without proper documentation, leaving them open to exploitation from employers. The types of exploitation these immigrants will face without proper working papers range from working in dangerous conditions without training to having their wages stolen,” Cruz wrote in her legislative memorandum.

“Given the current federal inaction to expedite federal work permit applications for asylum seekers, it is incumbent on New York state to exercise its State’s Constitutional duties and the powers reserved to states under the Federal Constitution and enact a New York State Asylum Seekers Worker Permit Program as outlined in this legislation.”

OPT-IN TO HOUSE MIGRANTS

Rajkumar has in recent months proposed legislation to appoint a statewide coordinator who would be in charge of resettling migrants around the state and a bill blocking counties from refusing to house migrants, as Chautauqua County and 31 other counties have done. Those emergency orders are the subject of a lawsuit by New York City officials — though developments this week in Jamestown indicate the emergency orders preventing migrants from being resettled to Chautauqua County might not have the force originally thought.

The head of an asset management company for a local property owner in Jamestown, who wishes to remain anonymous because of fear of retaliation or retribution, told The Post-Journal on Monday he has been contacted by New York City representatives looking for private contracts between the city and the local representative. The local man helps manage a building with 70 units. County Executive PJ Wendel told The Post-Journal the county will investigate any alleged violations of its executive order while calling on the state and federal governments to do take action on work permits and help pay local costs associated with housing migrants. Jamestown Mayor Eddie Sundquist also called for work permits while noting the city is not prepared to take a large influx of asylum seekers without proper preparation.

Barclay has introduced legislation (A.8034) amending the state Executive Law to create a local opt-in to house migrants. Asylum seekers would be allowed to be resettled in any locality that adopts a local law or ordinance expressly agreeing to provide housing.

“The United States has a long history of accepting immigrants who have come to this nation for a better life,” Barclay wrote in his legislative memorandum. “Unfortunately, recent federal immigration policy has resulted in an overflow of individuals entering the country, failing those it aims to support. The influx of over 100,000 ‘asylum seekers’ into New York City and throughout the state has created a crisis. Communities lack the funding necessary to provide housing, education and essentials to such a large number of migrants. This bill seeks to relieve any uncertainty over the applicability of ‘Right to Shelter’ laws, by clarifying that such laws will exist only in localities that have adopted a local law or ordinance. Localities without such a law or ordinance in place shall not be expected or required to shelter undocumented immigrants.”