An air of frustration lingered over immigrant-rights advocates as they gathered outside the New York state Capitol building earlier this month for yet another demonstration.
None of the top Democrats in state government had backed the New York For All Act, which restricts how state and local law enforcement can cooperate with ICE and thus would make New York a sanctuary state. Rumors that an omnibus “big ugly” bill might include some smaller protections for immigrants didn’t pan out.
So with the full Legislature scheduled for just two more days of activity, Assemblymember Marcella Mitaynes, D-Brooklyn, sat down in the street, blocked traffic and pointed a finger at her fellow Democrats.
“There seems to be some lack of political courage,” she said.
Albany lawmakers adjourned their annual session this month without adopting any legislation addressing immigration, even as federal authorities ratchet up their deportation tactics.
Advocates say it was a tremendous missed opportunity that puts New York behind other Democrat-led states, including Illinois and Colorado, the latter of which tightened its sanctuary protections in May.
The stalled legislation highlights divisions within the Democratic Party about immigration. Polls showed President Donald Trump’s tough rhetoric helped win him a second term, and Republicans continue to aggressively pursue immigration enforcement at the Southern Border and beyond.
State Sen. Andrew Gounardes, a Brooklyn Democrat who sponsors the New York For All Act, said it was “profoundly disappointing” that his colleagues did nothing. He said the constant drumbeat of escalatory immigration enforcement and harsh policies — including ICE agents in courthouses and threats to strip federal funding — made the issue overwhelming.
“That's ultimately one of the things that I think caused us to go into this paralysis,” he said. “Overwhelmingly people want to do something, but what is that something against the backdrop of federal troops being deployed to California?”
Many Democrat-led states enacted strong sanctuary protections after Trump was first elected in 2016. New York didn’t. Former Gov. Andrew Cuomo instead issued an executive order that generally prohibits most state employees from asking about a person’s immigration status. Hochul has re-upped the order, which applies to the State Police.
New York in 2019 passed the Green Light Law, which allows undocumented immigrants to obtain driver’s licenses and restricts ICE and other federal immigration authorities from accessing license data without a subpoena.
But no state law prevents localities from working with ICE, and more are doing so. Niagara, Nassau and Broome counties inked formal agreements with the agency after Trump took office this year.
The New York Civil Liberties Union last week sued Nassau County, seeking to invalidate its agreement. Republican leaders in the county say they are working to deport criminals and increase public safety.
Muzaffar Chishti, a senior fellow at the Migration Policy Institute think tank, said New York’s laws are weaker than places like Illinois, Oregon, California and New Jersey.
“New York would be kind of on the making progress list … but noting that New York has made a significant progress in this area,” Chishti said.
While Democrats control the main levers of state government and hold a statewide enrollment advantage, Chishti noted there are still areas of the state that are quite red. This includes suburbs of New York City like Long Island and the Hudson Valley that have competitive congressional seats.
It’s also the case that elected Democrats in the state run the gamut on the issue. Mitaynes and the other lawmakers who blocked traffic after the rally are backed by the Democratic Socialists of America.
Five of the state’s 19 Democratic representatives in Congress voted this year for the federal Laken Riley Act. That federal statute mandates detention for undocumented immigrants accused of a series of crimes, including murder, assault and theft. The Democratic supporters were Ritchie Torres of the Bronx, Tom Suozzi and Laura Gillen of Nassau County, Joe Morelle from the Rochester area and Syracuse native John Mannion.
Hochul has tried to walk a fine line on immigration and refused to take a position on the New York For All Act during a congressional hearing earlier this month. The governor emphasized that immigrants are welcome in New York but repeatedly said the state works with ICE to deport criminals.
“We cooperate all the time,” she said.
New York State Democratic Committee chairman Jay Jacobs said it’s not unusual for Democrats to have a variety of positions on an issue.
“It's a very complicated problem, but I think the solution is federal. It's not state so much,” he said. “And the way the Trump administration is dealing with it right now, I think is an abomination.”
Polls show support in New York for Trump’s efforts. A Siena College Research Institute survey in May found 45% of voters want New York to support the federal government’s immigration enforcement efforts, compared to 38% of registered voters who said the state should oppose them.
Assemblymember Jarett Gandolfo, a Republican from Suffolk County, sponsored a bill that would require local police departments to cooperate with ICE. The legislation is the polar opposite of the New York For All Act and didn’t advance in the Democrat-controlled Legislature.
Gandolfo said immigration bills like the New York For All Act put Hochul in a political bind as she heads toward re-election.
“She would have to either veto that bill and really anger her progressive base or sign it,” he said. “ I think that would turn off a lot of middle-of-the-road voters, maybe some disillusioned Democrats who might be there for the taking for whoever the GOP nominee is.”
Hochul wasn’t at the Capitol for the traffic shutdown. The demonstrators had planned to get arrested, but Democratic officials in Albany didn’t send police. Instead, the city sent garbage trucks to block the surrounding streets to traffic — including 10 bus lines.
After several hours, the demonstrators dispersed without incident and the city went back to business as usual.
