Governor Kathy Hochul delivers remarks on expanded proposal to protect New Yorkers against U.S. Immigration and Customs Enforcement (ICE) (April 16, 2026)
Governor Kathy Hochul has proposed a comprehensive plan to protect residents against ICE.
Hochul said this plan builds on previous proposals and would “…enhance protections and safeguard the rights of New Yorkers from the overreach of rogue federal immigration authorities.”
The proposal would prohibit state, local and federal officers from wearing face covering while interacting with the public. This excludes tactical equipment, sunglasses, or medical masks from the definition of face covering. Officers who willfully violate the statute would be charged with a misdemeanor.
The proposal also would prohibit state and local law enforcement from coordinating with federal immigration enforcement for non-criminal violations like jaywalking or minor vehicle and traffic violations. The proposal would also limit law enforcement officers from asking, collecting or sharing information about immigration status unless it is legally required or relevant to a crime.
The Governor’s proposal would also prohibit local governments, state and local police, and state and local corrections from entering 287(g) Agreements or similar agreements with the federal government that allow for state and local resources to be used for civil immigration enforcement purposes. Local governments would also be barred from paying or otherwise contributing to the costs related to constructing, owning, or operating an immigration detention facility. They would also be prohibited from changing zoning to allow for construction or use of buildings as immigration detention centers without public input.
Currently, New Yorkers can sue state and local government officials for a violation of their constitutional rights under federal civil rights law but actions against federal officials are much more limited. The Governor’s proposal would establish a state law under which New Yorkers can bring a lawsuit against federal, state, and local government officials for a violation of their constitutional rights.
The Governor’s proposal would strictly prohibit the use of state, local or school resources—including employee time—for immigration enforcement activities. This includes a ban on questioning or investigating individuals solely for civil immigration purposes, as well as inquiring about a person’s citizenship or country of origin unless required by a federal judicial warrant. Proposed legislation would also prohibit officials from disclosing personally identifying information to immigration authorities, granting them access to non-public areas of public facilities or using immigration officers as interpreters, and would prohibit the release or transfer of a student into immigration custody even if a parent has been detained, unless specifically mandated by a judicial warrant or court order.
Additionally, State Ed would develop a model policy for schools regarding interacting with immigration authorities.
Hochul’s proposal would prohibit all state, local and school employees (including higher ed and k-12) from permitting access to any non-public area of a state-owned or operated facility to immigration authorities without a judicial warrant. That means any state or municipally owned, or operated facility including housing accommodations, parks, childcare facilities, preschools, hospitals, schools, dorms, healthcare facilities, community centers, libraries and shelters, cannot grant or facility access to any non-public areas of their facilities to immigration authorities without a warrant.
The proposal would also empower privately owned or operated sensitive locations, including hospitals, daycares, schools, housing accommodations and houses of worship to do the same.
In addition to protecting schools as sensitive locations, the proposal would ensure immigrant students can access education, codifying the right to a free public education regardless of immigration status.
The proposal prohibits various practices, particularly around data collection and disclosure regarding immigration status, that could chill the exercise of that right by undocumented students.
THANK YOU GOVERNOR…from chautauqua county….’