The Trump administration is suing New York state over its recently passed immigration law, saying Albany lawmakers overstepped their authority to regulate federal enforcement efforts.
In a complaint filed Monday at a federal court in Buffalo, the U.S. Department of Justice argues that the state law enacted as part of a $277 billion budget violates the supremacy clause of the U.S. Constitution, which says states can’t regulate federal activities within their borders.
Gov. Kathy Hochul and Attorney General Letitia James late Monday announced they countersued to allow the law to go into effect later this summer. The dueling suits center around two provisions of the new law.
The first prevents law enforcement officers — including U.S. Immigration and Customs Enforcement agents — from concealing their faces while on duty and interacting with the public. The provision contains exceptions for undercover work. It’s set to take effect this week. The second provision prohibits formal 287(g) cooperation agreements between ICE and local law enforcement agencies.
In its lawsuit, the federal government says both items are important tools for immigration enforcement.
“Such state-imposed laws undermine the principles of federalism that underlie our entire constitutional order by seeking to prevent effective federal law enforcement in New York,” the DOJ’s complaint states. “Such actions harm the citizens of both the United States as a whole and of New York as a State and are unconstitutional subject to the Supremacy Clause.”
Hochul, a Democrat, defended the law.
“A badge carries with it a responsibility to uphold the public’s trust. New Yorkers deserve to know who is enforcing the law in their communities and have the assurance that local resources are being deployed to protect public safety, not to intimidate or advance the agenda of a rogue federal agency,” Hochul said in a statement. “These laws reflect New York’s values, and we’re not going to let anyone bully us into abandoning them.”
Laws restricting ICE agents from wearing masks have passed in several Democratic-controlled states in recent months. The DOJ has challenged statutes in New Jersey, Connecticut and California.
A federal court in California blocked that state’s law from taking effect, arguing that the California statute discriminated against federal agents. New York lawmakers said during floor debates that their masking restrictions stand a better chance of success than California’s because they apply to all law enforcement officers.
Federal border czar Tom Homan has threatened to surge ICE agents into New York, saying more personnel are needed because he is unable to rely on help from local law enforcement agencies. Hochul has said a surge would hurt the economy.
Several New York counties have various types of 287(g) agreements and some officials say they plan to keep them in place. The new laws require the agreements to end within 90 days, setting a late August deadline.
Rensselaer County Sheriff Kyle Bourgault said his agreement only involves screening people detained at the jail in Troy — and that it has resulted in nine individuals turned over to federal authorities since it launched in 2018.
“There was a gentleman that was wanted for a sex crime committed in Ireland. And upon his release, we notified ICE, and they came and got him,” Bourgault said. “Is it a ton of hits? No. But if I can stop one individual, like that gentleman wanted for a sex crime in Ireland, from getting back out into our community, that's why we run the program.”
Rensselaer County Executive Steve McLaughlin has said on social media that he’ll continue his agreement. “We will do what is right to protect our residents and because of that, we will not comply with the latest Hochul nonsense,” the Republican said.
Nassau County Executive Bruce Blakeman, the GOP nominee for governor, said last month that his county was “considering all our options” including a court challenge to the new state law.
Hochul said shortly after signing the law that some counties were already unwinding their agreements.
“I think this is our opportunity to show who we are as New Yorkers, that we're not going to allow for this abuse of power and overreach by ICE agents,” Hochul said. “We will help you deal with criminals any day of the week, always have, always will. And anyone who says otherwise is lying.”
