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New York Approves Budget Bill Limiting Local Cooperation With ICE

The package creates new safeguards for immigrants and state oversight that is likely to prompt federal and local court fights.

Overview

  • The Democrat-led Legislature approved the immigrant-protection package as part of the state budget on Thursday, sending it to Gov. Kathy Hochul for expected signature.
  • The law bars formal 287(g) deputization pacts, prevents local jails from holding people for ICE, restricts ICE entry into hospitals, schools, houses of worship and parks without a judicial warrant, and bans officers from concealing their identities.
  • It creates a retroactive private right to sue ICE in state court for actions back to Jan. 1, 2025, allows damages including punitive awards, and establishes an Office of Immigrant Trust inside the attorney general’s office to investigate cooperation with federal immigration officials.
  • Immediate reactions include Nassau County Executive Bruce Blakeman’s pledge to sue, Trump administration border czar Tom Homan’s threat to increase federal deployments, and New York City’s moves to tighten agency reporting after an audit showing a roughly 71% rise in ICE arrests.
  • Advocates and progressive lawmakers say the package is a major step but falls short of the fuller New York for All goals because it does not categorically ban all informal contacts with ICE, and sponsors plan further legislation while courts consider constitutionality.