The governor of New York, Kathy Hochul, has signed a battery of laws aimed at shielding the immigrant community and stopping the “flagrant abuse of power” of the Immigration and Customs Enforcement Service (ICE) in the state.
The regulations will limit the interventions of these agents in so-called “sensitive places”, such as schools, churches, courts and community centers, unless they have a court order of arrest.
“We will not allow this abuse of power to continue in our streets and communities,” Hochul said at an event with religious leaders, activists from the Make the Road NY organization and families of immigrants affected by detentions and deportations.
The new New York legislation also establishes a total ban on the use of masks or balaclavas by law enforcement officers in the state.
Hochul denounced that ICE officers resort to covering their faces without technical justification, unlike other federal agencies such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA), with the sole objective of “intimidating and threatening the population.”
The legal package also puts an end to the 287(g) agreements, which allowed immigration functions to be delegated to local police forces. “I want our police officers focused on local crimes, not doing ICE’s civilian work,” the governor emphasized.
The signing of this law occurs in a context of growing tension between the state of New York and the guidelines of the administration of the president of the United States, Donald Trump, whose immigration policies were described by the governor as “cruel.”
Protecting New Yorkers
In this way, the comprehensive immigration plan signed by Democratic Governor Hochul protects New Yorkers from ICE intervention, having these key points:
– Reorients local law enforcement toward local crimes
– Prohibits the use of masks by law enforcement officers
– Holds federal law enforcement accountable for constitutional violations
– Ensures security in interactions with public employees
– Protects the right of all students to a free public education, and
– Keeps immigration authorities away from sensitive locations
The New York government emphasizes that these new laws will allow local law enforcement to focus on maintaining the security of our communities instead of doing the work of ICE, will protect the constitutional rights of local residents against federal overreach, and will hold federal agents accountable.
«From day one, I have been clear: blatant abuses of power by ICE will not be tolerated in New York. That’s why we have enacted a comprehensive set of policies to hold ICE accountable, protect the constitutional rights and safety of all New Yorkers, and ensure there is no safe harbor for criminals in our state,” said Governor Hochul.
“States like New York can and should be a national bellwether and leader against ICE abuses, and I am proud to enact these strong, sensible protections for New Yorkers.”
The measures included in the approved fiscal year 2027 budget build on the governor’s previously presented proposals to protect New Yorkers from an unprecedented escalation in aggressive enforcement of federal immigration laws.
– Local police, local crimes
Prohibits local governments, state and local police, and state and local correctional services from entering into 287(g) or similar agreements with the federal government that permit the use of state and local law enforcement personnel and facilities for civil immigration enforcement purposes.
Local governments would also be prohibited from paying or otherwise contributing to costs related to building, owning or operating an immigration detention center. They would also be prohibited from changing zoning to allow the construction or use of buildings as immigration detention centers without public participation.
– Prohibits the use of masks by law enforcement agencies
Prohibits state, local and federal agents from wearing masks when interacting with the public. This excludes necessary tactical gear, sunglasses, and medical masks from the definition of face coverings.
Intentional violation of this law would constitute 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 officials for violations of their constitutional rights under federal civil rights law, but actions against federal officials are much more limited under federal law.
This bill would establish a state law that would allow New Yorkers to file lawsuits against federal, state, and local officials for violations of their constitutional rights.
– Safeguards in interactions with public employees
Prohibits the use of state and local civil agencies and public school resources, including their employees’ time, for civil immigration enforcement activities. This includes a prohibition on questioning or investigating individuals solely for civil immigration purposes, unless required by federal court order or law.
It also prohibits officials from disclosing personal information to immigration authorities, granting them access to restricted areas of public facilities or using immigration agents as interpreters.
It also prohibits the release or transfer of a student to immigration custody, even if a parent has been detained, unless specifically ordered by a court order.
– Prevents access by immigration authorities to sensitive places
Prohibits all state, local, and school civil employees (including institutions of higher and primary/secondary education) from allowing immigration authorities access to any non-public area of a state or state-administered facility without a court order.
This means that no state or municipal facility, including housing, parks, daycares, preschools, hospitals, schools, dormitories, health centers, community centers, libraries, and shelters, may grant or facilitate access to any non-public area of its facilities to immigration authorities without a court order.
It also protects against voter intimidation and interference at polling places by denying immigration authorities access to such locations without a court order, and empowers privately owned or privately run facilities, including hospitals, day care centers, schools, homes, and places of worship, to do the same.
– Protects the right of every student to free public education
It guarantees that immigrant students can access education, codifying the right to a free public education regardless of their immigration status.
Prohibits various practices—particularly those related to the collection and dissemination of data on immigration status—that could inhibit the exercise of this right by undocumented students.
