Governor Hochul Signs Comprehensive Immigration Plan to Protect New Yorkers Against ICE

Governor Kathy Hochul today announced a sweeping set of laws to protect New Yorkers against aggressive federal immigration enforcement as part of the FY27 Enacted Budget. These new laws will keep local law enforcement focused on keeping our communities safe instead of doing ICE's job, protect the constitutional rights of New Yorkers from federal overreach, and hold federal agents accountable.

"From day one, I have been clear: Flagrant abuses of power by ICE will not stand in New York. That is why we have enacted a comprehensive set of policies to hold ICE accountable, protect the constitutional rights and safety of every New Yorker, and ensure there's no sanctuary for criminals in our state," Governor Hochul said. "States like New York can and must be a guardrail and national leader against ICE overreach, and I'm proud to enact these strong, common-sense protections for 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

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, libraries 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.