New ‘Detention Camp’ bill gives NY Governor power to detain people suspected of carrying a contagious disease (like COVID)
Lawmakers in New York cried foul over a new piece of legislation that would allow state leaders to detain those identified as a “case, contact or carrier” of a contagious disease in the interest of protecting public health.
The legislation in question, Bill A416, was sponsored by State Assemblyman Noah Perry. Bill A416 would allow the governor or his or her delegates to detain a person who poses an “imminent and significant threat to public health” in a medical facility or some other facility designated by the governor. The bill did not actually mention COVID-19 nor cite specific criteria or locations for the detentions.
Critics pointed out that the bill’s vague provisions would allow unconstitutional and indefinite detainment. But Perry nevertheless defended the bill, arguing that “it does not violate Americans’ constitutional rights.”
In a statement, Perry told Fox News that he understands that the Constitution is sacred and that his bill has no intent to take away or violate any rights or liberties that Americans are entitled to.
The bill will also uphold due process by requiring the governor or his or her delegates to first apply for a court order authorizing detention within three business days before actually detaining anyone.
“Detention Camp” Bill met with backlash
Critics wasted no time denouncing the bill. State Assemblyman John Salka said he was disappointed that some of his colleagues would seek to add to Cuomo’s already numerous emergency powers.
Moreover, the governor cannot have sole authority to detain anyone as it is simply unconstitutional, said Salka. “Now is not the time to introduce a bill like this, giving the governor even more power over the people.”
Assemblyman Stephen Hawley shared the sentiment, arguing that the bill forfeits constitutional liberty in such a way that cannot be allowed.
Meanwhile, State Sen. George Borello said the mere introduction of bills like Bill A416 ultimately harms efforts to get New York through the pandemic.
On the other hand, Elizabeth Joy, who unsuccessfully ran for Congress in New York last year, called Perry’s bill “[straight-up] detention camp stuff.”
In a tweet, Joy said a bill that would give Cuomo or any designated leader full power to detain people if deemed contagious was horrifying. “Wake up NY [and] Fight!” wrote Joy.
Conservative podcast host Allie Stuckey was also just as, if not more pointed, in her recent tweet on the matter. She cautioned that the bill may one day be used to forcibly detain residents for any reason the state sees fit.
An adviser for Cuomo maintains that the governor did not know about the bill. It was referred to the New York State Assembly’s Health Committee on Jan. 6, and is currently awaiting approval.