New York Governor Kathy Hochul on Friday unveiled a major legislative initiative aimed at ending cooperation between local law enforcement and U.S. Immigration and Customs Enforcement (ICE).
The proposal, named the Local Cops, Local Crimes Act, would forbid ICE from deputizing local law enforcement for statewide federal civil immigration enforcement.
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What would the proposed law change?
287(g) agreements
The main target of Governor Hochul's initiative would be the elimination of 287(g) agreements. These agreements were already established between ICE and 14 law enforcement organizations in nine counties of New York and allowed local law enforcement to enforce civil immigration law on behalf of ICE.
The proposed legislation would void all of them if passed, making New York the eighth state besides states like California to prohibit these agreements.
Block immigration operations without judicial oversight
Hochul's office says the bill would also stop ICE from using local detention facilities for civil immigration operations, block mass federal raids without judicial oversight, and limit federal use of local police technology.
{{/usCountry}}Hochul's office says the bill would also stop ICE from using local detention facilities for civil immigration operations, block mass federal raids without judicial oversight, and limit federal use of local police technology.
{{/usCountry}}The proposed law does not, however, prohibit cooperation on criminal investigations. Local and state police could still work with ICE and other federal agencies on matters involving violent offenders. “local and state police could still work with ICE and other federal agencies on matters involving violent offenders,” Hochul said.
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Sensitive locations
The legislation guarantees that residences and other sensitive areas can be shielded from civil immigration enforcement without a court order.
Recent changes in the federal rules have rolled back limited warrantless civil immigration enforcement in sensitive locations such as schools, hospitals, and houses of worship. This proposal aims to reinstate the federal policy and provide a safe community for children and families.
Right to sue federal officers for Constitutional violations
In accordance with the same legal requirements that are currently in place for state and local officers under federal civil rights law, the objective permits individuals to file state-level civil lawsuits against federal officers who violate the constitutional rights of New Yorkers.
This plan strengthens constitutional protections and gives New Yorkers a significant legal remedy when federal power is unconstitutionally misused in the state by harmonizing state law with current federal civil rights frameworks.