Mayor Michael Helfrich issues the following about a bill recently passed by York City Council:
“On this day, December 27, 2024, I, Michael R Helfrich, Mayor of the City of York, am vetoing the following bill: Council of the City of York, PA, Session 2024, Bill No.47, Ordinance No. 47, creating Article 156 “Welcoming and Access to Immigrants and Refugees”. I do not do this lightly, but as Mayor of the City of York it is my job to protect the people of York, residents, visitors, and immigrants alike. It is my job to ensure that our financial resources are maintained, and services are provided. And part of that is keeping York City in good standing with our federal and state partners.
“I do not veto Bill 47 because I disagree with the sentiments of love and compassion for our fellow humans, no matter what country they come from, or what their “status” is. We, the City of York, will continue to welcome our new neighbors and treat them with kindness and hospitality without concern for their circumstances for seeking refuge in the United States and in our community. We will continue to offer unbiased access to our emergency services, including having our police treat everyone equally, regardless of immigration status.
“I veto Bill 47 because this is the wrong legislation at the wrong time. First, these types of bills are having the wrong impact. We need to look no further than Lancaster to see the backlash that can occur in this political climate. Lancaster City passed a similar bill in February. And by March the Lancaster County Commissioners passed an opposite resolution stating that Lancaster County was not a “sanctuary” and encouraging all municipalities to cooperate with Immigration and Customs Enforcement (ICE). So, one law was passed in one municipality that then stirred up more anti-immigrant sentiment in many other locations.
“And, of course, the timing is wrong. Instead of protecting immigrants in our community, this legislation puts a target on their backs from the incoming President and Congress. The most powerful people in the world, the incoming President of the United States, and a majority of the U.S. House of Representatives, have already targeted and tried to eliminate funding for cities that proclaim their support of immigrants who are here without going through the proper channels. Yes, these channels for citizenship or other legal means of immigration are dismal and need to be improved, but it is our current system. I think we should all be advocating for funding and improving our system of immigration instead of taunting DC politicians with counter-productive ordinances.
“What’s really at stake here? A recent bill passed in the U.S. House threatens to take away our federal funding if we get on their list of “sanctuary cities”. York City’s funding is about $2 million annually that we receive just from HUD, the Department of Housing and Urban Development. We don’t know yet how it may affect funds we receive from other federal agencies that pay for additional police officers, firefighters, public works projects, etc. The HUD funds are used to help build and maintain affordable housing, for first-time homebuyers’ grants, for low-income home improvement projects, for tearing down blighted properties, for helping the homeless, for career training, GED classes, and even fund CASA, the organization promoting this bill. And all of that is at risk if I don’t veto this bill.
“But don’t think I make these decisions in a vacuum. I’ve talked to many other mayors about this, and probably most importantly I’ve asked for an opinion from our City Solicitor, the firm of Eckert Seamans Cherin & Mellott, LLC. You may recall that one reason we contracted a new solicitor was to gain the experience of 300 lawyers. We pay them to keep us legally on track and to avoid the risk of litigation, which costs the taxpayers money whether you win or lose. Here is one paragraph of an opinion I requested on the risk of passing this bill:
‘As we face the start of a new Trump term with control of both the House and the Senate, the possibility that a federal law affecting local funding will pass is a significant reality. Challenges to any such enactment are guaranteed, however, the status of the funding while the litigation is resolved is not. Additionally, the outcome of a challenge is equally uncertain. Assuming the legislation passed is substantially similar to the language of HB 5717, the law would not require affirmative actions by the municipalities. The constitutional analysis is then much more nuanced and hinges largely upon the amount of funding in jeopardy. There are two main cases from the Supreme Court that are applicable to the analysis and each came to a different conclusion.’
“Essentially, I was advised that there is a high risk that the federal government would take our funding, and what happens next is up in the air. We have made sacrifices to bring York City’s finances into order. We have sold our biggest asset to make it so. We are investing in all people in York City, with our city tax dollars and these federal funds. I am not putting this at risk for an ordinance that doesn’t really change the way we are already conducting ourselves.
“For all of the reasons above, I veto Council of the City of York, PA, Session 2024, Bill No.47, Ordinance No. 47, creating Article 156 “Welcoming and Access to Immigrants and Refugees”.
