Governor Hochul touts latest laws aimed at preventing ICE “overreach”
ALBANY, NY- Governor Kathy Hochul is highlighting the latest laws that were included within the 2027 FY State Budget that are designed to help prevent ICE overreach.
“With new guardrails to reign in ICE, we have established a blueprint to protect our neighbors, our communities and the constitutional rights of all New Yorkers,” she said.
According to the Governor’s office, these new laws are blueprinted to keep local law enforcement from doing ICE’s job, while also protecting what state officials call “sensitive locations” from Civil Immigration Enforcement and to hold federal agents accountable for violating the Constitution.
“Local Cops, Local Crimes” Act
Prohibits local governments, state and local police, and state and local corrections from entering into 287(g) Agreements or similar agreements with the federal government that allow for state and local law enforcement personnel and facilities to be used for civil immigration enforcement purposes. Local governments would also be barred from paying or otherwise contributing to the costs related to constructing, owning or operating an immigration detention facility. They would also be prohibited from changing zoning to allow for construction or use of buildings as immigration detention centers without public input.
Bans Law Enforcement from Wearing Masks
Prohibits state, local, and federal officers from wearing face covering while interacting with the public. This excludes necessary tactical equipment, sunglasses or medical masks from the definition of face covering. Willfully violating the statute would be an infraction, and subsequent willful violations would be a misdemeanor.
Holds Federal Law Enforcement Accountable for Constitutional Violations
Currently, New Yorkers can sue state and local government officials for a violation of their constitutional rights under federal civil rights law but actions against federal officials are much more limited under federal law. This would establish a state law under which New Yorkers can bring a lawsuit against federal, state and local government officials for a violation of their constitutional rights.
Safeguards Interactions With Public Employees
Prohibits the use of state and local civilian agencies and public school resources, including employee time, for civil immigration enforcement activities. This includes a ban on questioning or investigating individuals solely for civil immigration purposes unless required by a federal judicial warrant or by law. Also prohibits officials from disclosing personally identifying information to immigration authorities, granting them access to non-public areas of public facilities, or using immigration officers as interpreters, and would prohibit the release or transfer of a student into immigration custody even if a parent has been detained, unless specifically mandated by a judicial warrant or court order.
Keeps Immigration Authorities Out Of Sensitive Locations
Prohibits all civilian state, local and school employees (including higher ed and K-12) from permitting access to any non-public area of a state-owned or operated facility to immigration authorities without a judicial warrant, meaning any state or municipally owned or operated facility including housing accommodations, parks, childcare facilities, preschools, hospitals, schools, dorms, healthcare facilities, community centers and shelters, cannot grant or facilitate access to any non-public areas of their facilities to immigration authorities without a warrant. Also protects against voter intimidation and interference at polling locations by denying immigration authorities access to such sites without a judicial warrant, and empowers privately owned or operated sensitive locations, including hospitals, daycares, schools, housing accommodations and houses of worship to do the same.
Protecting Every Student’s Right to Free Public Education
Ensures immigrant students can access education, codifying the right to a free public education regardless of immigration status. Prohibits various practices, particularly around data collection and disclosure regarding immigration status, that could chill the exercise of that right by undocumented students.
Early last month, U.S. Border Czar, Tom Homan, warned New York that he would “flood” the state with his ICE agents as a response to Governor Hochul’s proposal that would strictly limit local police from interacting with ICE.
Meanwhile, the Fiscal Year 2027 New York State Budget was finally passed last week, nearly two-months late and lawmakers who represent the North Country appear to be severely displeased with the extreme tardiness.
“The governor and legislative majorities had a real opportunity to show New Yorkers that they are serious about addressing the high cost of living in our state by embracing meaningful, long-term relief – something for which I have advocated and offered proposals,” said Senator Joe Griffo (R).
"Instead, New Yorkers will get an election year rebate check to help cover the cost of their gas and electric bills. This is not enough. People deserve a break all the time, not just one time.”
New York State Capitol image.
