NY to Bar Law Enforcement Cooperation With Immigration Agents

New York will curb cooperation between federal immigration agents and local law enforcement agencies as Democrats try to blunt the Trump administration’s deportation efforts.

Final state budget language set to be approved by lawmakers Thursday includes a broad immigration protection package backed by Gov. Kathy Hochul (D). The package imposes new guardrails around immigration enforcement in the Empire State by federal agencies and comes despite Border Czar Tom Homan’s promise to flood New York with immigration agents if the state puts up the roadblocks.

Under the state’s spending plan, Democrats will restrict agreements under a provision known as 287(g), which allows US Immigration and Customs Enforcement to deputize local officers to enforce federal immigration laws against noncitizens.

New York lawmakers tied the package to recent surges of activity from federal immigration agents in the state, including hundreds of arrests in New York City and the continued presence of ICE agents at federal courthouses.

Schools, hospitals, and public institutions “should be places of service and trust, not extensions of federal immigration enforcement,” said Assemblymember Jessica González-Rojas (D).

Federal law enforcement officers will also be banned from wearing face coverings when interacting with the public, with exceptions for certain types of protective safety gear. They will be required to display identifying information, including the agency they’re with, according to bill language.

“When there’s no transparency, you feel like it’s a vigilante situation,” said Assemblymember Catalina Cruz (D), who has spearheaded parts of the package.

Legal Remedies

The package also expands legal remedies given to noncitizens, allowing residents to sue federal agents for constitutional violations, and would protect certain “sensitive locations” such as healthcare facilities, schools, colleges and universities, parks, and polling places.

Non-law enforcement state employees will now be prohibited from cooperating with immigration authorities by sharing government-held personal information or collecting information on citizenship or immigration status.

Republicans have widely opposed the new restrictions and have warned that they could hamper local law enforcement from maintaining public safety if a noncitizen engages in criminal behavior.

“By handcuffing law enforcement and not giving them tools to get dangerous criminals off the street, we’re setting ourselves up to have some real problems in the future,” said Assemblymember Jarett Gandolfo (R).

The package also bans the construction or operation of immigration detention facilities within the state.

A proposal to impose a “buffer zone” around religious sites is expected to be part of the final agreement, which is nearly two months delayed.

Lawmakers return to the state Capitol next week to pass the final six budget measures that comprise the state’s spending plan.