New York Gov. Kathy Hochul and the Trump administration have filed dueling lawsuits in the governor’s fight to enact Immigration and Customs Enforcement restrictions in the state.
Late last month, the state Legislature passed and Hochul signed a budget bill that would impose several regulations on ICE agents, including banning them from wearing masks, requiring them to wear identification and prohibiting 287(g) agreements, or formal cooperation agreements between local law enforcement and ICE.
On Monday, June 22, the Department of Justice sued the state, Hochul, New York Attorney General Letitia James and Assistant Attorney General in Charge Michael Russo in the federal District Court in Buffalo over these restrictions, which they say are unconstitutional and will endanger federal officers.
The state said they were made aware of the federal suit last week and immediately responded with a lawsuit of their own on Monday, asserting the Trump administration’s efforts to block the new state law are unconstitutional. The mask ban and identification requirement are set to take effect on Friday, June 26, and counties have to terminate any 287(g) agreements by Aug. 25.
“Working with Attorney General James, we are going to court to defend these laws and affirm what we believe is clear: they are constitutional and they make New Yorkers safer,” Hochul said during a news conference with James on Wednesday, June 24.
“New York stands behind them and will defend them every step of the way,” the governor added.
Here’s the latest.
Federal, state pushback to New York’s ICE restrictions
The lawsuit doesn’t come as much of a surprise, as White House Border Czar Tom Homan has made it clear in recent weeks he would be sending more ICE agents to New York in response to these new restrictions.
Hochul has pushed back against Homan’s comments, saying ICE agents wearing masks are “intimidating” and “threatening” and “no other level of law enforcement from local to town to state or other federal wears masks.” The Trump administration also sued New Jersey in April for their mask ban.
Those in favor of the restrictions, including Hochul, have also received heavy resistance from certain state officials and Albany Republicans in recent months.
During a visit to the state Capitol in late April, the New York State Sheriffs’ Association sent a warning to state legislators, saying the restrictions “would impair the ability of Sheriffs to fulfill their Constitutional duty to protect the public.”
And upon the restrictions’ passage by state legislators in May, Assembly Minority Leader Ed Ra, a Long Island Republican, called New York a “Sanctuary State on steroids” and Assemblymember Phil Palmesano, R-Corning, said the regulations would “hinder law enforcement in their ability to enforce immigration laws and result in state overreach.”
New York lawmakers respond to lawsuits
Sponsors of the ICE mask ban bill, Sen. Pat Fahy, D-Albany, and Assemblymember Tony Simone, a New York City Democrat, provided a joint statement about the lawsuits on Tuesday, June 23.
“As sponsors of the MELT Act, we contend that New York State is well within its rights to protect and maintain public safety, a power expressly delegated to states under the U.S. Constitution, including the authority to prevent ICE agents from concealing their identities during civil immigration enforcement,” they said.
“When we win in court, ICE’s tactics and the fear they create in our communities will find no home in New York State,” the statement added.
Emily Barnes covers state government for the USA TODAY Network-New York with a focus on how policy and laws impact New Yorkers’ taxes, communities and jobs. Follow her on Instagram or X @byemilybarnes. Get in touch at ebarnes@usatodayco.com.
This article originally appeared on Rockland/Westchester Journal News: Trump, Hochul clash in dueling lawsuits over NY ICE restrictions
Reporting by Emily Barnes, New York State Team / Rockland/Westchester Journal News
USA TODAY Network via Reuters Connect
By Emily Barnes, New York State Team | USA TODAY Network
