ICE OUT: SIRDN Report from Salina Town Board Meeting

Hello Everyone,
We wanted to give you a brief update on the situation with the Salina Town Board meeting that was held Monday June 22nd and the resolution to require an operating permit for detention facilities in the Town of Salina.
Going into the meeting we were pessimistic about our chances of getting any sort of action from the Town Board. We learned, less than 48 hours before the Board meeting, that the Town Supervisor, Raul Huerta, was planning on killing the resolution at the meeting. We were shocked. We have been working with Supervisor Huerta for months and, until recently, he has been very supportive of our efforts to do something about the ICE facility at 100 Northern Concourse. Even more, he had put the resolution on the agenda, an official act that ensures that the resolution would have to be brought up for a vote in the meeting. It was too close to the meeting to warn everyone about this eventuality, we simply resigned ourselves to what would play out and hoped a few members of the community would show up to speak to the resolution on the record.
But then you showed up. As we sat in the room, and it began to fill and fill, we realized just how much the people of our community cared. It was a surreal feeling knowing that we had so much support and also believing that there was little chance for a positive outcome. But we completely underestimated the power of we, the people. To every single person who came to the meeting on Monday, you were simply amazing. You kept your cool as a handful of agitators shouted, you clapped and cheered in support for the speakers, and you showed everyone why ICE has no place in our community.
As the public comments continued, and resident after resident expressed the most heartfelt and impassioned case for the resolution and for our neighbors, the mood in the room began to shift. The cackles of the naysayers, and the immoveable glances of the Town Supervisor, with Town lawyer David Herkala whispering in his ear, began to subside. As the end of the meeting, and the resolution approached, we were on a roll.
Then a miracle happened. Supervisor Huerta called for a vote on the resolution and IT PASSED with three of the board members voting in favor. If you have any doubt about this, please review the recording of the meeting at the link below.
What followed the vote was, we believe, completely improper procedurally, democratically, and morally. We are asking everyone reading this to please review the recording for yourselves, whether you were there or not, to make up your own mind. Supervisor Huerta attempted to kill the vote that had just happened claiming it was “moot” and that, without justification, it would somehow cost the town millions of dollars. We won’t editorialize about his demeanor in his response, you can watch it for yourselves. What we will say is that we find it completely unacceptable that a Town Supervisor would react in the way he did and have such little grasp of the correct processes and procedures having to do with this resolution.
We have laid out a point-by-point rebuttal to some of his statements in the FAQ that follows. But make no mistake, this was not an effort to “follow proper procedure”, “send the resolution through the proper channels”, “hold a public hearing”, or “do things the right way”. You don’t need state approval or a public hearing to pass a resolution—they passed half a dozen resolutions that night with none of that. Supervisor Huerta has had months to raise these issues, and he had never raised them before tonight. We believe he has no intention of doing any of this, mostly because none of these are real things. Even more, none of those reasons is a justification to attempt to nullify the democratic vote of the Town Board.
But that’s enough of the negative, we have a long road ahead of us if we want to make ICE subject to the laws of the United States and the Town of Salina. For now, we should celebrate what is, from our perspective an incredible victory. THE RESOLUTION PASSED BECAUSE OF US. We have never seen this happen before with any resolution or legislation anywhere. It is rarely the case that public comments and public support sway the vote in a meeting.
We hope you will join us in the work to come. There will be more meetings, more phone calls, more emails, more marches, and more effort. But it will all be worthwhile.
No one will be able to deny the existence of ICE in our community and the corrosive impact it has. No one will be able to “sweep this under the rug” and hope it all goes away. No one will be able to say, “this isn’t my problem.” And most of all no one will be able to doubt the power of us when we show up and speak with one voice.
Thank you
Link to video of June 22nd Salina Town Board Meeting

Link to Next Steps Flyer

Link to FAQ Flyer

Next Steps
It is absolutely critical that we build on the success of our efforts and keep working to hold the Salina ICE Detention Facility accountable. We must keep doing what we are doing and expand our efforts to take advantage of this opportunity.
Action 1 Do Immediately: Email the Town Board Members that voted in favor the resolution
Three Town Board members voted in favor of the resolution despite the opposition from the Town Supervisor. They displayed incredible courage, and we should thank them for that. We should also encourage them to keep fighting and show them our support.
Email addresses:
1stWard@salina.ny.us
psteinhardt@salina.ny.us
edriscoll@salina.ny.us
Email script:
Dear Board Members,
I am writing to thank you for the courage to stand up for our residents and the safety of Salina and the rights of our neighbors. I was horrified to hear the firsthand accounts of what has been going on in the facility. We cannot pass our responsibility on to someone else. We must act now and do what we can.
I was also horrified at Supervisor Huerta’s attempt to nullify the democratic vote of the Town Board. I cannot believe, with what is going on in our country, that a Democratic supervisor would act like that and undermine democracy. How does the Town Board plan on moving forward? What is the point of the Town Board if whatever decision they make can be nullified by the Supervisor?
Action 2 Do Immediately: Email the Town Board Member, Leesa Paul, that did not vote for the resolution
Leesa Paul was the only Town Board member (except the Supervisor who also has a vote) who did not vote for the resolution. Frankly, her position is understandable given the pressure from Supervisor Huerta, but we still should ask her to have the courage to stand up for the Town and for our democratic processes.
Leesa Paul:
2ndWard@salina.ny.us
Email script:
Dear Board Member Paul,
I was very disturbed by the outcome of the June 22nd Town Board meeting and the resolution regarding the Salina ICE Detention Facility. I know this is a difficult issue, but I am asking you to please consider the safety of the town and the hundreds of people who are taken to the facility. The stories I have heard in recent days have been appalling, we can’t allow it to continue in our community. I have also read many examples of towns across the country that are successfully standing up to ICE, why can’t we?
I was also horrified at Supervisor Huerta’s attempt to nullify the democratic vote of the Town Board. I cannot believe, with what is going on in our country, that a Democratic Supervisor would act like that and undermine democracy. How does the Town Board plan on moving forward? What is the point of the Town Board if whatever decision they make can be nullified by the Supervisor?
Action 3 Do Immediately: Call and email the Town Supervisor, Raul Huerta, and tell him that this type of behavior is not acceptable, and we will not give up
What happened in the meeting goes beyond the resolution at hand and to the very foundation of our democratic system. We must defend democracy everywhere, especially in our own local governments. It is time to stand up, not lie down.
Supervisor Huerta:
(315) 457-6661
supervisor@salina.ny.us
Email Script:
Dear Supervisor Huerta,
I am writing to ask you to please reconsider your position on the resolution and that you immediately validate the successful democratic vote in the June 22nd Town Board meeting. The kind of tactics I saw at the meeting looked more like the Trump administration, not a Democratic local elected official.
Your reasons for nullifying the vote do not seem valid. The Town Board has control over the Town Code and the duty to enforce it. The Town Code also specifically grants the Board with the authority to pass this resolution requiring an operating permit. I have never heard of a Town resolution needing approval from the County and state, I don’t think that this excuse is accurate. If what you say is true, please provide evidence to that effect. Where does it say these things in the Town Code or County or State law? Where are the inspection reports from the facility you say you have? Why did the resolution come to a vote only to be shot down when the vote didn’t go your way? I expect more from our elected officials.
Our neighbors and the Town residents are counting on us to stand up for them when then cannot. If we do not protect the constitutional rights of everyone, none of us have them. I have also read many examples of towns across the country that are successfully standing up to ICE, why can’t we?
Action 4 (July 6th 6:30pm): Attend the next Town Board meeting at 201 School Rd, Liverpool, NY
Elected officials respond to consistency. Our success at the June 22nd will only be relevant if we continue to show up to demand action, and express that we will not give up defending our neighbors and our democratic institutions. We deserve answers to what happened on June 22nd and evidence about the claims Supervisor Huerta is making.
Action 5 Immediately: Find allies in Salina
It is critical that we rally as many allies as we can that live in the Town of Salina. Residents have the most influence on the Town Board. They also have the most at stake if their democratically elected representatives are being undermined. Ask everyone you know to find people in the Town to make calls, send emails, and show up at the next meeting.
Action 6 (In the coming weeks and months): Plan, Prepare, Proceed
We are at a critical junction and the window of opportunity is closing. ICE has received tens of billions of dollars in additional funding and is rapidly expanding across the country. Pushing back against ICE will only get more difficult as the days go on. To act, we must engage in a “whole of society” approach in which we work together as if our lives and freedoms depend on it. There will be many more outreach campaigns, protests, complaints to fill out, meetings, research, and planning opportunities. Watch your organization’s communication channels closely for these opportunities and participate to the extent that you are able. We can do this.
Response to Supervisor Huerta’s Statements
In the meeting, Supervisor Huerta made several claims that have no evidence, are simply not true, or are designed to mislead. We have been working with Supervisor Huerta for months and he has never raised any of the issues that he brought up at the meeting. We believe that he has no intention of supporting us in any way and no intention of upholding the laws of the Town or protecting the safety of the people. For example, there were two other resolutions passed at the Town Board meeting and neither was subject to any requirements.
Question: Does the Town of Salina need County and State level approval to pass this resolution?
Answer: Absolutely not, no provision set forth in the town code (link here) requires pre-approval of resolutions by County or State entities. New York Home Rule Law (link here), which governs the powers of towns, states very plainly that towns have the power to enact resolutions:
Every local government also shall have power to adopt and amend
local laws where and to the extent that its legislative body has power
to act by ordinance, resolution, rule or regulation.
Question: Does passing a resolution require a public hearing?
Answer: No, Supervisor Huerta was mistaken when he continually referred to the resolution as a “local law”. A resolution is not a local law, and the difference is important. New York Municipal Home Rule law (link here) states explicitly that a resolution is not a local law. The resolution does not, as Supervisor Huerta said, change the Town Code. As a resolution, there is no requirement to have a public hearing. It is disturbing that the Town Supervisor and the Town Counsel do not appear to understand the difference between a local law and a resolution. The information about this difference has previously been thoroughly discussed and cited with Supervisor Huerta. Public hearings are only required when changing zoning districts or passing certain types of local laws (link here), not passing resolutions.
Question: Whether or not it is required, should the Town have a public forum on the issue?
Answer: A public forum is a good idea to allow residents to voice their concerns. However, we have no assurance that Supervisor Huerta would hold such a forum. At the June 22nd Board meeting he indicated he might hold a public hearing after the resolution has gone through the state and county channels. As described above, the requirement for state and county approval is completely made up, thus it is unlikely Supervisor Huerta has any intention of holding a public hearing.
Question: Can the Town Supervisor nullify a vote of the Town Board?
Answer: Absolutely not, New York Municipal Home Rule Law is very clear that the majority vote rules. Supervisor Huerta may cast a vote but does not have veto power.
Question: Will passing the resolution cost the Town of Salina 4 million dollars as suggested by Supervisor Huerta?
Answer: There is no evidence this would be the case, or any justification of that seemingly outrageous assertion. In the very unlikely event that the Town was sued over the resolution by the federal government, the Town could simply withdraw the resolution, incurring no cost.
Question: Is the Town liable for violations that occur at the facility?
Answer: Possibly, if the Town fails to enforce its own code, or attempt to exercise appropriate oversight of detention facilities, individuals may seek recompense from the Town for that failure. For example, if a detained individual escaped from the facility, and the resulting pursuit caused injury to a resident or damage to private property, the aggrieved party may seek restitution from the Town. (Note: this statement is in no way a statement of legal fact nor a judgement of actual liability. It is purely speculative for the sake of argument and potential risk assessment.)
Question: Has the facility ever been inspected?
Answer: Town code enforcement officials have stated that the facility has been inspected but have provided no documentation nor fulfilled open records requests for said documentation.
Question: Does the Town have to ask permission to inspect? Or wait until a certain time to inspect?
Answer: Absolutely not, the Town Code (link here) gives the Town the ability to inspect at any time without permission, especially when investigating potential code violations.
Question: After the resolution has passed, what happens next? Can the Town really do something about ICE?
Answer: Yes, the Town, with all our support, does have the power and authority to take action to hold the facility accountable. We are extremely supportive of Board Member Steinhardt’s support and his statement recognizing the critical symbolism of this moment. But we disagree that there is nothing the Board can do. Here are the steps the Board can take after passing the resolution:
Thoroughly review all permitting, zoning, and occupancy documentation associated with 100 Northen Concourse.
Assess whether the activity at the facility is in line with these classifications including “commercial” uses and the uses stated on the occupancy permit.
Review inspection records and provide those records for public view in line with open records laws.
Request and missing permits, permit applications, occupancy certificates, etc. from the property owner and individuals/companies listed on existing plans and permits.
Request an inspection of the facility and document the response.
Investigate code complaints against the facility, which the Town is refusing to do.
Reach out the New York Attorney General’s office for guidance and support.
File a lawsuit requesting that a judge instruct the facility to allow an inspection. Note: A judge in California ruled that Sand Diego County was allowed to perform a health inspection of an ICE facility there (see more examples below).
Obtain a judicial injunction against continued use of the facility as a detention facility.
Fine the property owner for code and inspection violations.
Require property alterations for Town safety and occupant/detainee safety.
Do regular inspections of the facility for compliance.
Question: Has this worked for other towns?
Answer: Yes, here is a list of towns and localities that have successfully pushed back against ICE.
Successful Local Pushback
New York State Budget passes new restrictions on ICE

***Prevent localities from changing zoning to allow for construction or use of buildings as detention centers without local input
Westchester County Immigrant Protection Act

City of Albany Policing and Immigrant Protections

Ithaca City Code Immigrant Protections

Judge Orders San Diego County can do heath inspections of local ICE facility

Creating “ICE Free Zones”

Chicago Mayor executive order instructing local law enforcement to investigate ICE abuses

Overview and laws in Washington State

Colorado laws protecting immigrant civil rights