Albany Democrats want to curtail ICE cooperation deals, but differ on how far to go

ALBANY — Gov. Kathy Hochul and Democrats in the state Legislature agree that they want to limit U.S. Immigration and Customs Enforcement’s ability to partner with local law enforcement.

The question is how far the state will go to achieve that goal.

Hochul has proposed a three-year ban on local cooperation agreements with ICE, while the legislature is advancing a bill that would permanently bar the agreements.

And on the periphery is a third bill, NY For All, that would offer even more protections for undocumented immigrants.

While they might not agree on the details, it’s clear that Democrats who control both legislative houses in Albany are poised to act this year on an issue that has exploded since President Donald Trump ordered a crackdown on immigrants. 

Hochul has latched on to immigration as a useful cudgel in the governor's race against her Republican opponent, Nassau County Executive Bruce Blakeman.

Nassau County is one of nine counties in the state with a cooperation agreement with ICE, and Blakeman has been largely supportive of the immigration crackdown.

Assemb. Karines Reyes, D-Bronx, said the Assembly Democrats' proposal, dubbed ‘Dignity, Not Detention,’ would guarantee immigrant families protection against any disregard for their freedoms.

The bill would permanently ban state and local governments from entering into immigration detention contracts with ICE. It would also require any existing contracts be terminated within 90 days.

"Allowing local authorities to dismiss the very regulations designed to preserve the rights and agency of our residents is a failure of our collective responsibility," Reyes said in a statement. "Temporary fixes are insufficient; they do not provide the durable safeguards this dire moment demands."

GOP objections

Republicans raised several issues with the bill during an Assembly Corrections Committee meeting Wednesday.

Assemb. Joesph DeStefano, R-Medford, said the state should have a practical conversation about immigration and detention.

"This bill removes local control and could create real financial and operational challenges for counties," DeStefano said.

Assemb. David DiPietro, R-East Aurora, said if no local correctional facility in the state can hold an immigrant for ICE, that means more immigrants will be sent to out-of-state facilities, further away from their families.

The federal government typically reimburses or rents cells in local jails under cooperation agreements. The money from those multiyear agreements is built into local budgets, DiPietro said.

Hochul said last month she believes ICE's deputization of local law enforcement has gotten out of hand in the state and that New Yorkers want police officers to focus on issues like gangs, drugs and firearms.

Hochul said her legislation, called the Local Cops Local Crimes Act, would not prevent the state from cooperating with federal law enforcement efforts to arrest violent criminals. Instead, she said, it would ensure that local law enforcement is focused on enforcing laws in its communities.

Blakeman said in a statement that Nassau's cooperation with ICE has resulted in 2,000 illegal migrants with criminal records being removed. "New York Democrats need to explain to the victims of attempted murder, rape, robbery and car jacking, why local law enforcement can’t coordinate with ICE in removing these dangerous criminals from our neighborhoods.”

More than 2,600 immigrants were held at the Nassau County Correctional Center in East Meadow last year on behalf of ICE, Newsday previously reported. More than half of those held through mid-October, the most recent data available, did not have a criminal record.

NY for All

Hochul's more aggressive stance against ICE has not extended to supporting the NY for All Act, which would go even further toward making New York a sanctuary state and expand protections for immigrants.

The bill would prohibit state and local agencies from collaborating with ICE and blocking the sharing of private information with immigration authorities.

There appears to be support for NY for All in the state Legislature. Last month, Majority Leader Andrea Stewart-Cousins said she committed to "advancing the goals" of the legislation without specifically backing the bill.

Assembly Speaker Carl Heastie, D-Bronx, told reporters Wednesday that he believed there would be a three-way agreement between the two houses and the governor on the issue.

State Sen. Gustavo Rivera, D-Bronx, said the legislature’s two immigration bills were about justice, protection and due process.

"Our state and local authorities should not act as federal immigration officers," he said.