New York Gov. Kathy Hochul signed legislation [6] May 29 that places limits on where and how Immigrations & Customs Enforcement (ICE) agents can enforce immigration law in the state. The new legislation also prohibits state and local police from cooperating with ICE to enforce civil laws.
The new laws are included in the state’s Fiscal Year 27 Enacted Budget [9]. They consist of the New York for All Act [10] and the Dignity not Detention Act [11]. With their passage into law, ICE must have a warrant [12] to enter many public locations, including schools, hospitals, libraries, public parks, and polling locations. Many private locations, including houses of worship, are now allowed to require ICE to have a warrant as well. 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 governments, police forces and corrections agencies are no longer allowed to enter 287(g) [7] agreements, under which ICE delegates immigration enforcement to state or local officers. "Police officers are taken off their jobs to do civil ICE enforcement, civil immigration enforcement," said Hochul [13]. "Not fighting crimes, not protecting the city, but to do ICE’s job for them. That's what we’re ending."
Local governments may no longer contribute to the cost of operating immigration detention centers, and they must solicit public opinion before changing zoning to allow buildings to be converted or built for immigrant detention.
Students' right to a free appropriate public education (FAPE) is explicitly protected under the new laws, which state that students have this right regardless of immigration status. The law also limits the collection and sharing of data related to immigration status. ICE agents will also no longer be allowed to conceal their identity with masks within New York state.
From JURIST [14], May 30. Used with permission.
Note: The 287(g) program has been expanded [15] by Trump, and is being aggresively embraced [16] in Texas. Massachusetts has already prohibited [17] the program. It has long been met with protest [18] for inviting abuses [19].
