NYCLU Hails Defeat Of Suffolk County Anti-Immigrant Ordinance

The NYCLU vigorously opposed Introductory Resolution No. 1022 as a thinly veiled attack on day laborers, who are overwhelmingly immigrant and Latino, engaged in constitutionally protected activities. The bill would have made it unlawful for day laborers to stand along county roadways while unreasonably hindering the free passage of pedestrians or cars, and would have outlawed standing along county roadways for the purpose of attempting to solicit or sell any product or service to a vehicle occupant.

“IR 1022 would have effectively created the crime of ‘standing while Latino’ by unfairly targeting day laborers seeking work,” said Donna Lieberman, Executive Director of the NYCLU. “We are pleased that the Suffolk County Legislature has finally chosen to reject this unconstitutional assault on the rights and livelihood of immigrant and Latino workers.”

In testimony before the Legislature earlier this month, NYCLU Field Director and Legislative Counsel Udi Ofer argued that would the bill would discriminate against day laborers and infringe on Suffolk residents’ First Amendment rights to seek work in public spaces.”

“The bill would have devastated the lives of Suffolk County residents by preventing day laborers from supporting their families and putting food on their table,” said Ofer. “It was an attempt to stifle the economic opportunities available to immigrant and Latino workers.”

In addition to being anti-immigrant and anti-Latino, Ofer testified, the bill was plainly unconstitutional. The First Amendment protects the right of people to solicit work in public spaces, and IR 1022 would have unduly infringed upon this right by discriminating against day laborers’ speech and preventing them from soliciting work. Similar ordinances have been struck down as unconstitutional by federal courts.

“This bill would have further driven the rise of anti-immigrant and anti-Latino sentiments in Suffolk County and across the nation,” said Dolores Bilges, Executive Director of the NYCLU’s Suffolk Chapter. “Suffolk County should be welcoming immigrants instead of stirring hysteria through discriminatory measures.”