National Roundup

New York
Lawsuit: National Guard members sexually exploited migrants awaiting asylum hearings

BUFFALO, N.Y. (AP) — National Guard members assigned to Buffalo-area hotels housing migrants awaiting asylum hearings are accused in a lawsuit of sexually exploiting the migrants, who described feeling especially vulnerable while living in unclean rooms, far from family and with little access to the outside.

The lawsuit in U.S. District Court in Manhattan names the New York State Division of Military and Naval Affairs and at least six New York National Guard members, along with several employees of the company DocGo, the contractor hired by New York City to oversee the migrants’ needs.
It was brought by six female and one male asylum seeker and a dozen current and former employees of a subcontractor, Platinum Community Care, who reported the alleged behavior.

“Jane Doe, who had journeyed through jungles with her children, evaded sexual traffickers in Mexico, and crossed rivers, suddenly found herself in a snow-covered rural property in America (where she was totally isolated) with her children, facing pressure from a member of the NY National Guard for sex,” according to the lawsuit, describing one Venezuelan woman’s experience.

National Guard members and DocGo staff were seen “dancing intimately and romantically kissing guests,” and guardsmen sometimes brought migrants to a nearby hotel where they were staying, the lawsuit said.

“The guests were (and remain) particularly vulnerable, given their uncertain immigration status, lack of mobility, need of basic supplies, and other needs. Even a trip to a Walmart was considered a great gift,” according to the lawsuit.

The asylum seekers were among an overflow of migrants who were transferred from New York City after arriving there in 2023. They described being deceived into traveling to Buffalo, about eight hours away by bus, after being told it was much closer, only to be housed in a run-down hotel with foul odors, exposed electrical outlets and damaged drywall.

“The mattresses displayed deep stains and were infested with insects, leading to the children living there being repeatedly bitten across their bodies,” according to the lawsuit, which seeks at least $9 million in damages for battery, false imprisonment, infliction of emotional distress and other causes.

New York Gov. Kathy Hochul had placed the National Guard members at the site “to act as a stabilizing presence” following reports of violence and public criticism of the migrants’ arrival, the lawsuit said.

A National Guard spokesman did not respond to an emailed request for comment Friday. In a statement provided to the New York Times, spokesman Eric Durr said that anyone caught violating rules would face consequences.

“If allegations are substantiated following an investigation, this can result in adverse administrative and/or disciplinary actions pursuant to regulation and New York State military law,” the statement said. “Criminal activities are referred to law enforcement for appropriate action.”

A spokesperson for DocGo said the company had provided the state attorney general’s office with information it had requested “for review.” Attorney General Letitia James’ office did not immediately respond to a request for comment about whether an investigation was underway.

“We are committed to ensuring the continued safety and well-being of everyone under our care,” the DocGo statement said. “While we cannot disclose specifics, we conduct rigorous, evidence-based internal investigations into allegations regarding DocGo staff, and we have strict policies in place to address instances of misconduct.”


Arizona
GOP groups sue state’s top election official in dispute over election manual

PHOENIX (AP) — National and local Republican groups in Arizona sued the secretary of state Friday in an effort to invalidate or adjust a manual, used for conducting elections and certifying results, that GOP leaders have said threatens election integrity.

The Republican National Committee, Arizona Republican Party and the Yavapai County Republican Party filed the lawsuit in Maricopa County Superior Court against Secretary of State Adrian Fontes, a Democrat. It stems from updates Fontes made to the Elections Procedure Manual, which his office is required to do every two years.

It alleges violations of public comment and public disclosure requirements, along with specific provisions state officials approved for the manual. It’s the second suit Republicans have filed in two weeks that aims to change the elections manual.

The manual is written by the secretary of state and must be approved by the attorney general and governor, positions all currently held by Democrats. When all three sign off, the changes carry the force of law

Republican National Committee Chairwoman Ronna McDaniel said the manual is “designed to undermine election integrity in Arizona.” Arizona GOP Chairwoman Gina Swoboda also called it “a blatant attempt to rewrite election law” in a statement announcing the lawsuit.

The plaintiffs’ main argument — which attempts to invalidate the entire manual — is that Fontes did not provide enough time for the public to comment on the proposed changes to the elections procedure manual. The plaintiffs claimed Fontes permitted 15 days of public comment, instead of the required 30, for a draft of the manual. They also said Fontes published an updated draft manual and submitted it to Gov. Katie Hobbs and Attorney General Kris Mayes for final approval without public comment.

The lawsuit also alleges Fontes ignored requirements under Arizona’s Administrative Procedures Act and that “critical portions “ of the manual were not disclosed to the public between the draft and final publication of the manual — which was released on Dec. 30, with adjustments from Hobbs and Mayes.

The GOP organizations additionally have challenged specific changes to the manual they said should be overturned, even if the entire manual is not invalidated. This includes a rule that allows otherwise-eligible “federal-only voters” to participate in presidential elections if they have not provided proof of citizenship in the past, and a rule which they claim limits the public’s access from records containing a voter’s signature.

Fontes’ office said in an emailed statement that they have not been officially served the lawsuit, though they were given a courtesy copy by the plaintiffs. A spokesperson added they do not comment on pending litigation.

In the earlier lawsuit filed Jan. 31, Republican House Speaker Ben Toma and Senate President Warren Peterson said certain changes to the manual did not comply with legislative authority.