The state of New York filed a lawsuit in upstate federal court on Monday to defend new laws passed aimed at protecting New Yorkers from the enforcement of federal immigration laws. The legal action sought to preempt the Trump administration’s planned attempts to challenge these measures as unconstitutional.
However, the plan was not entirely successful. The Trump administration’s Justice Department filed a lawsuit against the same laws just minutes earlier, in another federal court upstate. As anticipated by state authorities, the federal government argues that the new provisions violate clauses of the United States Constitution that prevent states from regulating the actions of the federal government.
The most prominent legislation in dispute is the Local Cops, Local Crimes Act, which goes into effect this week in New York. The law prohibits local police, including the NYPD, from collaborating with ICE agents in immigration enforcement operations and also prevents them from detaining people solely for civil immigration violations, an issue that has generated controversy in the state over the last year.
The lawsuits also address other recently passed laws that:
New York defends its right to limit cooperation with ICE
According to the lawsuit filed by Gov. Kathy Hochul and Attorney General Letitia James, the laws are fully constitutional because the state has the authority to decide how to use its police resources and what measures it deems necessary to protect public safety.
“The State of New York has every right, as a sovereign state, to require that agents acting within its jurisdiction be identifiable and to choose not to use limited police resources to support the enforcement of federal immigration laws,” the lawsuit maintains.
The state further argues that the Tenth Amendment protects its ability to legislate on matters related to public safety and the welfare of its residents.
The federal government maintains that the laws interfere with ICE’s authority
The Justice Department rejects that interpretation. In his lawsuit, he maintains that the new laws unconstitutionally regulate the activities of the federal government by restricting the actions of ICE agents and making agreements with local police departments and detention centers difficult.
“The federal government, and not the state of New York, has the authority to direct the actions of its own agents,” the federal lawsuit states.
The Trump administration also accuses New York of hindering federal immigration goals and creating conflicts with national legislation.
For their part, state authorities respond that the federal government remains free to execute its immigration policies, but that New York is not obliged to collaborate or allocate state or municipal resources for that purpose. They also maintain that the new rules will not impede the work of federal agents, but will require them to act in a manner that is identifiable and accountable to the public.
Uncertain future for both demands
The Justice Department is seeking to have the laws struck down, while the state is seeking a judicial declaration confirming their validity.
It is not yet clear how the two cases, filed in different courts, will progress. The authorities indicated that they do not know if both procedures will be consolidated into a single case or if they will continue in parallel. It is also not defined what would happen if the courts reach different conclusions.
In recent weeks, the Trump administration had increased pressure on New York over the imminent entry into force of these laws. Tom Homan, designated “border czar” within the Department of Homeland Security, warned that he would send a reinforcement of ICE agents to the state if the Local Cops, Local Crimes Act was passed.
State officials, immigrant advocacy organizations and legal groups have supported the new laws, arguing they are necessary to protect immigrant communities and ensure accountability of federal agents.
“By hiding their faces and refusing to carry identification, federal immigration agents put New Yorkers at risk and deliberately evade responsibility for their actions,” James stated. “Our communities should not live in fear of being stopped by masked, unidentifiable officers. If the federal government challenges our laws, we will fight in court to ensure transparency and keep all New Yorkers safe.”
