Hochul Proposes Local Cops Local Crimes Act to Block ICE Use of NY Police
New York Gov. Kathy Hochul included the Local Cops Local Crimes Act in her 2027 budget request. The measure would prevent local law enforcement from working on behalf of Immigration and Customs Enforcement in the state.
The proposal tests state authority over federal agencies. Experts say it has no chance of success.
Hochul's plan accompanies a proposed mask ban and operational limits in certain locations. It builds on Democratic efforts to counter President Donald Trump's immigration policies through state actions.
"ICE will no longer be able to use our police, our jails and our resources to carry out civil immigration enforcement. Because guess what: Our officers paid for by local taxpayer dollars were hired to protect their communities, to be there to assist with a traffic accident, to go after retail theft, stop domestic violence," Hochul said Thursday at a press event. "They’re not there to do the federal government’s bidding."
Governors in Illinois, California and Virginia have limited local-federal immigration cooperation since Trump's second term began. They have restricted communication and data sharing.
Hochul's bill ends current 287(g) agreements and blocks new ones. That federal program lets local officers handle immigration tasks normally done by federal officials.
The governor also seeks a state right to sue ICE for constitutional violations. She wants to bar masks for local and federal law enforcement and keep ICE out of schools, libraries, polling places and homes without judicial warrants.
Hans von Spakovsky, a legal scholar with Advancing American Freedom, said the changes won't last. "If the question is: can she do any of that? The answer is no. This is not an ambiguous issue," he said.
Von Spakovsky cited the 1890 Supreme Court case In re Neagle. It holds that states cannot punish federal agents for federal duties.
The bill requires local agencies to honor valid state or federal court warrants. "Nothing in this section shall be intended to limit local government law, law enforcement agency, correctional facility, or local correctional facility from enforcing any valid state or federal court-issued warrants or orders, or any other actions as required by law," it states.
Laurin Bis, acting assistant secretary for the Department of Homeland Security, criticized the plan. "Governor Hochul's policies of not cooperating with ICE put New Yorkers in danger. When politicians bar local law enforcement from working with DHS, our law enforcement officers have to have a more visible presence so that we can find and apprehend the criminals let out of jails and back into communities," Bis said.
Bis added that DHS worries New York will release immigration violators into communities. "Instead of working with us, Governor Hochul is choosing to RELEASE violent criminals from her jails directly back into our communities to perpetrate more crimes and create more victims."
Hochul's office did not respond to questions about holding immigration suspects or including the bill in the budget request.
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