New York Governor Kathy Hochul signed legislation Friday that sets limits on where and how Immigration and Customs Enforcement (ICE) officers can enforce immigration law in the state. The new legislation also prohibits state and local police from collaborating with ICE to enforce civil laws.
The new laws are contained in the state laws Adopted budget for fiscal year 27. They consist of New York for All Act and the Dignity instead of imprisonment law. With its passage into law, ICE must have a Warranty to enter many public places including schools, hospitals, libraries, public parks and polling stations. Many private locations, including places of worship, are now also allowed to request an arrest warrant from ICE. Public employees and agencies are prohibited from sharing personal information with ICE.
The new legislation also limits cooperation with ICE by state and local employees and agencies. In particular, local administrations, police forces and correctional authorities are no longer permitted access 287(g) Arrangements under which ICE delegates immigration enforcement to state or local officials. “Police officers will be removed from their jobs to conduct ICE civilian enforcement and civilian immigration enforcement.” Hochul said. “Not fighting crime, not protecting the city, but doing ICE’s job for them. That’s what we’re ending.”
Local governments will no longer be allowed to contribute to the costs of operating immigrant detention centers and must seek public opinion before changing zoning to allow the conversion or construction of buildings for immigrant detention.
Students’ right to a free appropriate public education (FAPE) is explicitly protected by the new laws, which state that students have this right regardless of immigration status. The law also restricts the collection and sharing of data related to immigration status. ICE agents are no longer allowed to hide their identities with masks in New York State.
