A New York law restricting local law enforcement agencies from cooperating with Immigration and Customs Enforcement is set to take effect Tuesday, as Gov. Kathy Hochul’s (D-NY) administration moves to unwind agreements between local agencies and the federal immigration agency.
Hochul signed the legislation, dubbed the Local Cops, Local Crimes Act, into law in May. The law prohibits local governments and law enforcement agencies from entering into or maintaining agreements with ICE under the Immigration and Nationality Act, which allows federal immigration authorities to delegate certain enforcement powers to state and local officers.
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The law also restricts the use of state and local resources for civil immigration enforcement, limits the sharing of certain sensitive information with federal immigration authorities, and establishes additional protections for students and families in schools. It also includes provisions aimed at preventing federal immigration agents from entering certain sensitive locations, including schools and churches, and allows lawsuits over alleged violations of the law.
State officials notified 12 local law enforcement agencies in July that they would have to unwind their agreements with ICE by Aug. 25.
The New York Attorney General’s Office has since issued subpoenas to agencies that have not confirmed plans to terminate their agreements. A spokesperson for Democratic Attorney General Letitia James said the Nassau County Police Department and sheriff’s office were among the agencies subpoenaed.
“Nobody is above the law. In New York, we will not tolerate the diversion of local resources for federal civil immigration enforcement at the expense of public safety,” Hochul said. “My top priority is keeping New Yorkers safe. Ensuring our law enforcement remains focused on local crimes is essential to protecting our communities and maintaining public safety.”
James said the state’s Office of Immigrant Trust would work to ensure that schools, local governments, and public agencies remain places where immigrants can seek assistance without fear of immigration enforcement.
“New York is strongest when every community is able to trust the institutions meant to serve them,” James said. “My office is proud to stand up for immigrant New Yorkers and prepared to hold anyone who violates our laws accountable.”
The restrictions are already facing legal challenges from local officials.
Rensselaer County leaders said in a statement posted to Facebook that the county would “be party to a federal lawsuit” seeking to preserve its agreement with ICE. Broome County also plans to sue, according to the Attorney General’s Office.
In June, Hochul said she was ready for a challenge from the federal government.
“We are confident that these laws and the values they reflect will be upheld,” she said. “We believe that people exercising law enforcement should be held accountable to the public. No matter who you are or what badge you wear, you are not above the law.”
States’ efforts to unmask ICE agents face uphill legal battle
The law’s implementation comes amid a broader legal fight over New York’s restrictions on federal immigration enforcement.
Earlier this month, a federal judge issued a preliminary injunction against a separate New York law that prohibited federal immigration agents from wearing masks and required them to display identification. The judge, however, declined to block the state’s ban on local agreements with ICE.
