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New York Gov. Kathy Hochul wants to prohibit local police from working with ICE

New York Governor Kathy Hochul
WAMC
/
Ashley Hupfl
New York Governor Kathy Hochul

As tensions continue to rise over the presence of federal Immigration and Customs Enforcement agents in communities across the country, New York Gov. Kathy Hochul took her strongest stance yet.

New York Gov. Kathy Hochul wants ICE out of New York.

Speaking in New York City Friday, the Democrat said she is proposing a new law that would ban agreements between local police departments and federal immigration agents.

“Cutting off access to our jails to ICE agents will make it harder for them to operate these large-scale operations which they are building up to try and do right now in the state of New York,” Hochul said. “We’ve seen the warning signs. It’s happening. That’s what they did in Minneapolis. Get large scale detention centers use the local jails for these purposes and that’s what we want to head off.”

In 2018, Rensselaer became the first county in New York to enter a so-called 287(g) agreement to allow deputies to enforce federal immigration laws within the county jail.
Rensselaer County officials say they will continue the county’s participation in the 287(g) program. County Executive Steve McLaughlin, a Republican, said of Hochul in a statement, “by her actions, she is a supporter of open borders at any cost.”

County Sheriff Kyle Bourgault says his department’s agreement with ICE only allows people who have been arrested and booked to be screened by agents. Bourgault, a Republican, says the governor’s statements Friday are generalized and don’t take into consideration Rensselaer County’s jail-focused approach. He added Rensselaer County Sheriff’s Department “isn’t ripping people out of cars or off of the streets.”

State Sen. Jake Ashby, a Republican whose district encompasses Rensselaer County, says what we’ve seen across the country and even locally is not always positive or supportive.

“I support ICE in New York, searching out criminals. Right? So people? People that are here, who are undocumented, who have an element of criminality surrounding them, who have committed who have committed crimes. There's a difference between the administrative warrants that are going on and the criminal warrants that are going on and where they're being detained, right? We need to reexamine that, and I think we can do that in a thoughtful manner in New York State, but yes, I do support ice protecting the public from criminal elements. That being said, what we're seeing in Minneapolis, and frankly, what we've seen sometimes here in our own community, is not that, and we need to make a positive change for that. I don't think that's going to occur by grandstanding and screaming at each other. I think it's going to come through thoughtful policy reflection and productive discussions.”

Meantime, Hochul says she wants local police to continue to help federal agents track down “violent criminals.”

“We will always cooperate with federal government to bring violent criminals to justice full stop. It's not a change in policy,” Hochul said. “However, it does not mean that New York State will stand for flagrant abuse of power under the guise of public safety.”

The proposed legislation would require a judicial order to arrest people accused of crimes facing threats from ICE and ban the use of local department’s technologies to assist ICE investigations.

After proposing legislation in her State of the State earlier this month designating houses of worship, schools, and hospitals as sensitive locations where ICE cannot enter without a judicial warrant, Hochul is also planning to include private homes on the list.

As Hochul and state leaders consider measures that could lead to changes in New York law, some local leaders are taking matters into their own hands. Rockland County Legislator Beth J. Davidson, who is also running to replace Republican Mike Lawler in New York’s 17th Congressional District, said she is planning to put forward the Safety and Dignity for All Act, which would block county officials from collaborating with ICE. 

“Under this law, county employees will absolutely still be required to comply with judicial warrants and follow the law,” Davison said. “It's you know, not about letting dangerous or violent criminal scot free, but about protecting everyone else from ice, which has become a completely rogue and out of control agency.”

The bill is based on a 2018 Westchester County law called the Immigration Protection Act, which bans county employees from using its resources to assist federal investigations based on race, gender, religion or ethnicity, except in criminal matters or when ICE has a judicial warrant.  

Rep. Lawler, whose district includes Rockland, told the New York Post, “Beth Davidson is willing to sacrifice the safety of Rockland County residents for the support of far-left radical Democrats.” 

Weekend Edition Host/Reporter.


She covers Rensselaer County, New York State politics, and local arts and culture.

She can be reached by phone at (518)-465-5233 Ext. 211 or by email at ssimmons@wamc.org.