By Hank Russell
Governor Kathy Hochul held a press conference on April 16, announcing that she is expanding a proposal on how Immigration and Customs Enforcement (ICE) officers interact with New Yorkers and how they conduct themselves. She said this would expand protections for New Yorkers regardless of immigration status, safeguard basic rights and hold federal immigration officials accountable.
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.
The proposal would also prohibit state and local law enforcement from coordinating with ICE officials for non-criminal violations like jaywalking or minor vehicle and traffic violations. Additionally, officers will be limited from asking, collecting or sharing information about a person’s immigration status unless it is legally required or relevant to a crime.
Hochul also proposed the prohibition of 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.
A state law is being proposed that would allow New Yorkers to sue federal, state and local officers for violating their constitutional rights. Currently, state and local governments can be sued, but there were limitations as to filing lawsuits against federal officers.
Another proposal would strictly prohibit the use of state, local or school resources (including employees) 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 personal 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, the state’s Department of Education would develop a model policy for schools regarding interacting with immigration authorities.
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 would also prohibit various practices, particularly around data collection and disclosure regarding immigration status, that she said could chill the exercise of that right by undocumented students.
Lastly, the proposal would prohibit all state, local and school employees (including higher education 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 units, houses, parks, childcare facilities, preschools, hospitals, schools, dorms, healthcare facilities, community centers, libraries and shelters, cannot grant or provide access to any non-public areas of their facilities to immigration authorities without a warrant.
“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,” 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.”
Long Island Life & Politics reached out to ICE for comment, but did not hear back as of press time.