Keeping New Yorkers Safe: Governor Hochul Announces Expanded Proposal to Protect New Yorkers Against ICE

Governor Kathy Hochul today proposed a comprehensive plan that would expand protections for New Yorkers regardless of immigration status, safeguard basic rights and hold federal immigration officials accountable. Earlier this year, Governor Hochul introduced several proposals to protect New Yorkers amid an unprecedented escalation in aggressive federal immigration enforcement. Building on her previous proposals, this comprehensive package would enhance protections and safeguard the rights of New Yorkers from the overreach of rogue federal immigration authorities.

"New York prides itself on being the place that immigrants come to build a better life and we will not stand for senseless actions that stand in the way of that promise," Governor Hochul said. "My top priority is keeping New Yorkers safe, which is why I'm proposing new measures to stop ICE's flagrant abuse of power under the guise of public safety. By safeguarding basic rights and expanding protections that keep our communities safe, we are fighting to reassure every New Yorker that we will protect them from ICE overreach. The time to act is now."

Bans Law Enforcement from Wearing Masks

The Governor's proposal would prohibit state, local and federal officers from wearing face covering while interacting with the public. This excludes tactical equipment, sunglasses, or medical masks from the definition of face covering. Willfully violating the statute would be a misdemeanor.

Refocuses Local Law Enforcement on Local Crimes

This proposal would prohibit state and local law enforcement from coordinating with federal immigration enforcement for non-criminal violations like jaywalking or minor vehicle and traffic violations. The proposal would also limit law enforcement officers from asking, collecting or sharing information about immigration status unless it is legally required or relevant to a crime.

The Governor's proposal would also prohibit local governments, state and local police, and state and local corrections from entering 287(g) Agreements or similar agreements with the federal government that allow for state and local resources 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.

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. The Governor's proposal 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.

The Governor's proposal would prohibit state, local and federal officers from wearing face covering to conceal their identities while interacting with the public. This would exclude tactical equipment, sunglasses, or medical face coverings.

Safeguards Interactions with Public Employees

The Governor's proposal would strictly prohibit the use of state, local or school resources-including employee time-for immigration enforcement activities. This includes a ban on questioning or investigating individuals solely for civil immigration purposes, as well as inquiring about a person's citizenship or country of origin unless required by a federal judicial warrant. Proposed legislation would also prohibit 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.

Additionally, SED would develop a model policy for schools regarding interacting with immigration authorities.

Keeps Immigration Authorities Out Of Sensitive Locations

The Governor's proposal would prohibit all 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. That means any state or municipally owned, or operated facility including housing accommodations, parks, childcare facilities, preschools, hospitals, schools, dorms, healthcare facilities, community centers, libraries and shelters, cannot grant or facility access to any non-public areas of their facilities to immigration authorities without a warrant.

The Governor's proposal would also empower 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 A Free Public Education

In addition to protecting schools as sensitive locations, the Governor's proposal would ensure immigrant students can access education, codifying the right to a free public education regardless of immigration status.

The proposal prohibits various practices, particularly around data collection and disclosure regarding immigration status, that could chill the exercise of that right by undocumented students.

Contact the Governor's Press Office