Governor’s FY27 Enacted Budget Includes Commonsense Measures To Protect New Yorkers Against Aggressive Federal Immigration Enforcement
Focuses Local Law Enforcement on Local Crimes
Bans Law Enforcement from Wearing Masks
Holds Federal Law Enforcement Accountable for Constitutional Violations
Safeguards Interactions With Public Employees
Protects Every Student’s Right to Free Public Education
Keeps Immigration Authorities Out of Sensitive Locations
Governor Kathy Hochul today met with immigration advocates, faith leaders, educators and New Yorkers impacted by aggressive federal immigration enforcement to highlight new protections included in her FY27 Enacted Budget. These new laws will keep local law enforcement focused on keeping our communities safe instead of doing ICE's job, protect sensitive locations from civil immigration enforcement and hold federal agents accountable for violating the Constitution.
“Today, I met with New Yorkers who have been impacted by ICE’s cruel and dangerous actions. This overreach is unacceptable and will never be tolerated in this state,” Governor Hochul said. “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.”
Measures included in the Enacted Budget build on the Governor’s previously introduced proposals to protect New Yorkers amid an unprecedented escalation in aggressive federal immigration enforcement.
“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.
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