Will Prevent Local Jails and Police Officers from Being Used by Federal Authorities to Enable Mass ICE Operations Against Innocent Civilians
Ensures Local Law Enforcement Is Focused on Fighting Local Crime by Preventing Resources and Officers From Doing the Job of a Federal Agency
Governor Fast-Tracking State of the State Proposals To Protect New Yorkers From Constitutional Violations and Prohibit Federal Officers From Entering Sensitive Locations, Including Homes, Without a Judicial Warrant
Does Not Prevent Local Law Enforcement or State Police From Continuing To Work With Federal Law Enforcement in Criminal Investigations
Governor Hochul today announced the introduction of comprehensive legislation to protect New Yorkers, strengthen constitutional safeguards, and prohibit local law enforcement from being deputized by ICE for federal civil immigration enforcement. The legislation would eliminate 287(g) agreements, barring state and local police from acting as federal agents or using taxpayer-funded resources or personnel to carry out federal civil immigration enforcement. It would also prohibit federal agents from using local detention centers for civil immigration enforcement, mass raids, or the transportation of detainees.
The Governor’s proposal builds on recent legislation introduced as part of her State of the State agenda to protect the constitutional rights of New Yorkers from federal overreach and hold federal agents accountable for unconstitutional action. Additionally, these new actions build on the Governor’s legislation to ensure sensitive locations are protected from civil immigration enforcement without a judicial warrant, including New Yorkers’ homes.
“Over the last year federal immigration agents have carried out unspeakable acts of violence against Americans under the guise of public safety. These abuses – and the weaponization of local police officers for civil immigration enforcement – will not stand in New York,” Governor Hochul said. “Today, I’m announcing new actions that will safeguard our communities against dangerous federal overreach and ensure that New York law enforcement is focused on keeping New Yorkers safe – not doing the job of ICE.”
Current federal immigration efforts have created chaos and fear and undermined our democracy, leading to the loss of innocent lives, including U.S. citizens. The use of state or local law enforcement officers and assets for the enforcement of federal civil immigration violations in furtherance of the federal administration’s immigration agenda draws critical public safety resources away from essential law enforcement functions that keep New York’s residents and communities safe.
In New York, 14 New York law enforcement agencies across nine counties have signed 287(g) agreements with ICE. With this legislation, all existing 287(g) agreements will be void and New York will join seven other states that currently prohibit 287(g)s: Washington, Oregon, California, Illinois, New Jersey, Delaware, and Connecticut.
Earlier this month, Governor Hochul announced several proposals to protect New Yorkers amid an unprecedented escalation in aggressive federal immigration enforcement, including:
Establishing a Right To Sue Federal Officers for Constitutional Violations
With unprecedented escalations in aggressive federal immigration enforcement, communities across the United States are reeling from heavy-handed tactics that have been alleged to trample on constitutional rights.
To protect communities across the state and ensure accountability when constitutional rights are violated, Governor Hochul will advance legislation that gives New Yorkers a clear path to seek justice when their rights are violated.
The proposal authorizes individuals to bring state-level civil actions against federal officers who violate New Yorkers' U.S. constitutional rights, consistent with the same legal standards that already exist for state and local officers under federal civil rights law. By aligning state law with existing federal civil rights frameworks, this proposal reinforces constitutional protections and provides New Yorkers with a meaningful legal recourse when federal authority is unconstitutionally abused in New York.
Protecting New Yorkers in Sensitive Locations
For decades, federal policy under both parties has limited warrantless civil immigration enforcement in sensitive locations such as schools, hospitals, and houses of worship. Recent federal changes have rolled back these protections, disrupting public safety, school communities, access to care, and trust in critical institutions.
New Yorkers should be able to attend school, access child care, seek medical care, worship, and reside in their private homes in peace. Governor Hochul has proposed legislation to ensure sensitive locations – including homes – can be protected from civil immigration enforcement without a judicial warrant. This measure will help provide stability for children and families in essential community spaces.
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