Early in September, before a discussion with state legislative leaders on the illegal immigrant crisis, Hochul told reporters that she plans to support a new bill that would significantly shorten the waiting period between filing an asylum claim and getting a work permit.
The proposal introduced by Assembly Member Catalina Cruz and State Sen. Luis Sepulveda, both Democrats, would task New York with granting illegal immigrants working papers within 45 days of their application for asylum.
In comparison, it can take as long as 180 days for an asylum applicant to receive a work permit from the federal immigration authority. An already backlogged work authorization system is linked to the long wait for their documents.
Hochul said her office is currently drafting language for a similar work permit pathway that lawmakers could either debate in a special session or when they return to Albany in January 2024.
As of writing, no state has tried to work around the federal government to issue its own work permits for foreign nationals. It is still unclear if New York's attempt would survive the legal challenge that's almost certain to come.
The governor told reporters that she knows the move is unprecedented, but she insisted that illegal immigrants should be allowed to work in the state.
However, two unnamed Biden officials said in a conference call that the provision of employment authorization is "very clearly a federal authority," and that Hochul's move is not something they would encourage states to pursue.
If someone is serious about the work permits, the officials said they would "take it as it comes." But they emphasized that their position has been that "it is a clear federal authority."
Hochul's divisive plan came after NYC Mayor Eric Adams warned that the illegal immigrant crisis would "destroy" the city after his demand for the federal government to expedite work authorizations for those currently in the city's care. (Related: NYC Mayor Eric Adams warns illegal immigrants will DESTROY the city.)
Since April 2022, over 110,000 migrants have headed straight to the city after illegally crossing the U.S.-Mexico border. To date, an estimated 60,000 migrants are housed in traditional city-run shelters and recently opened emergency sites.
At least 20,000 migrant children have entered the city's public school system this fall semester.
In an interview, Adams said that he wants to be honest with New Yorkers about what they are about to experience: "A financial tsunami that I don't think this city has ever experienced."
Adams warned that New York City is not a utopia and that it will struggle to accommodate as many as 10,000 people a month with no end in sight. "That can't happen, and that is going to undermine this entire city," added Adams.
The Big Apple has a "right to shelter" policy, which requires the government to provide shelter to anyone who needs a place to sleep regardless of their immigration status.
Adams has blamed the policy for attracting illegal immigrants. In an attempt to put an end to the policy, he filed papers in state court this May to revisit the 1979 case that led to the mandate.
The mayor has also blamed Texas Gov. Greg Abbott, whose administration has been offering those apprehended at the border one-way bus tickets to NYC and other Democrat-led, self-proclaimed "sanctuary cities" like Chicago, Los Angeles and Washington.
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