TROY – City Council Democrats have introduced a resolution that would declare Troy a Sanctuary City, leading to a pushback from the union representing the police force’s sergeants, patrol officers and detectives.

“This resolution to make the City of Troy a Sanctuary City reflects our values, our hopes, and our dreams,” said Councilman David Bissember, D-5th District.

The resolution directs that police and other employees will not ask about the “immigration status of individuals being provided local government services, except where the receipt of such services or benefits are contingent upon one’s immigration or citizenship.”

It also directs that officers will not act as immigration agents, ask anyone about their immigration status except if required during an investigation and that officers will not enforce civil immigration warrants.

The resolution emphasizes the city doesn’t have any agreement with federal authorities to enforce federal immigration policies, such as the Rensselaer County Sheriff’s Office’s Section 287(g) agreement with U.S. Immigration and Customs Enforcement. The sheriff’s office is checking immigration status under this provision and will notify federal authorities if a prisoner is wanted by ICE.

Troy’s involvement with ICE stems from a May 29 incident when Dalila Yeend, 35, who was born in Australia and immigrated to the U.S. from New Zealand at the age of 17, was arrested by city police for not having a valid driver’s license. The mother of two American-born children, Yeend was released on her own recognizance by a judge, but city police detained her until ICE agents came to get her. Yeend has been released from the ICE facility in Batavia and has applied for a green card to stay in the U.S. legally.

Bissember said the status would build on Troy police force's promotion of a community policing efforts. "This resolution builds on that philosophy to ensure there is mutual trust between the public and law enforcement and that the public has access to city services and can seek help when needed,” he said.

But the president of the Troy Police Benevolent Association, Officer Nick Laviano, wrote Bissember to say the resolution is a political move that smears officers.

“Never once have we ever asked after being dispatched to a call what the person's ethnic background is, sexual orientation or immigration status etc. is. We go to the call and treat everyone with the utmost professionalism regardless of their background. Passing such a resolution that is only symbolic in nature to me only serves one purpose and that is for you to score political points with your political base, Laviano said.

The resolution notes that the department’s existing policy precludes officers from asking a person about their citizenship.

The Troy Area Labor Council and the Capital District Area Labor Federation both support the proposed council resolution. The council’s Public Safety Committee will take up the resolution when it meets Tuesday at City Hall. Bissember chairs the committee.

City Council President Carmella Mantello, a Republican, said she's opposed. "I strongly support treating all individuals that may have encountered law enforcement to be treated equally, to be treated the same,” she said.

Bissember points out that the resolution follows guidelines from the state Attorney General’s office and other municipalities that adopted similar resolutions. He noted mayors in Albany and Hudson have issued executive orders.

Wednesday, state Attorney General Barbara Underwood issued a statement that a recent Appellate Division decision downstate doesn’t allow state and local police officers to arrest people on civil immigration violations.

“As our guidance details, the federal government simply does not have the authority to transform state and local police into federal immigration agents,” she said.