Hochul, other Democrats wrestle with how much protection New York should provide immigrants

ALBANY — One of the most contentious issues state legislators will wrestle with this year is how far to go in providing protections for undocumented immigrants.

Gov. Kathy Hochul promised in her State of the State address not to allow New York's resources to be used for federal immigration raids on people who have not committed serious crimes. She also said she would put forth legislation to allow lawsuits against immigration officers who commit constitutional violations.

"Public safety will always come first," she said. "But it must be pursued lawfully and with humanity."

But Hochul has said she does not support New York for All, a bill that progressive Democrats and immigration activists have lobbied for since 2020. The bill would block local police from asking people about their citizenship or immigration status. It would also prohibit local police from transferring custody to U.S. Immigration and Customs Enforcement without a judicial warrant.

Murad Awawdeh, the president and CEO of the New York Immigration Coalition, commended Hochul’s commitment to not use state resources for immigration enforcement but said her proposals did not go far enough.

"We need New York for All, and we need New York for All to keep our families together and ensure that every single New Yorker can live safely in our state," he said during a rally Wednesday at the state Capitol. "Immigrant New Yorkers are essential to the fabric of our state, and this must happen today and not tomorrow."

Hochul's presumptive Republican opponent this fall, Nassau County Executive Bruce Blakeman, has been one of the most prominent supporters of ICE in the state and has been highly critical of the state's funding services for undocumented immigrants. Nassau is one of several counties that have signed cooperation agreements with ICE.

"I have to say her criticism of ICE is completely misplaced and out of proportion with what's really going on in the real world, and common sense people understand this," he said during a recent appearance in Albany. "So she can put all the measures she wants in."

Pressure to act

There is clearly an appetite among Democrats for Hochul to take action.

During her speech, Hochul received more applause for steps she said she would take to push back against the federal government’s deportation and immigration enforcement efforts than she received for announcing the state would begin funding universal child care.

Hochul also promised to designate certain sites, such as schools, hospitals and houses of worship, as sensitive locations where immigration officers would need a judicial warrant to enter.

But inside the Capitol, pressure is already building for Hochul to take more aggressive action. 

Jack O’Donnell, founder of the lobbying firm O’Donnell & Associates, said he expects the New York for All Act and other immigration issues to be one of the more difficult conversations for Democrats during this election cycle.

The legislation highlights one of the challenges Hochul and other moderate Democrats face as they try to keep the focus on protecting New Yorkers while fending off pressure from progressives who are trying to concentrate on defending civil rights and protecting people from the federal government, O’Donnell said.

"It's a balance for the governor who's trying to balance those things going into an election year with a Democratic primary opponent on the left and a strong Republican challenger on the right," he said. "But that also highlights the divide within the Democratic Assembly and Senate conference."

O’Donnell said he has heard from Democrats in the State Legislature who believe Hochul has not gone far enough to protect immigrant communities. And he noted state Senate Majority Leader Andrea Stewart-Cousins’ support of the legislation.

New York for All

During her remarks on the first state of the legislative session, Stewart-Cousins made it clear she supported the idea behind New York for All.

Stewart-Cousins said the Democratic majority is committed to "the goals" of the legislation. While not a straightforward endorsement of the existing bill, her words echoed similar language she used several years ago to indicate her support for the Good Cause Eviction bill.

"Naming specific legislation and committing her conference to it is bold and, I think, sets up a line of demarcation" O’Donnell said.

Stewart-Cousins’ counterpart in the state Assembly, Speaker Carl Heastie, has not publicly weighed in on New York for All.

The calculus is more complicated for Heastie, O’Donnell said, in part because the Assembly’s Democratic conference has more swing seats.

Assemb. Michaelle Solages (D-Elmont) said she believes New Yorkers are looking for action.

Solages said she is concerned about federal immigration officers going into sensitive locations like schools and child care facilities without a warrant.

Solages, the first person of Haitian descent elected to the State Legislature, noted that a temporary federal protective status for some Haitians living in the United States expires next month, putting thousands at risk of deportation.

"I think that New Yorkers want us to ensure that we're not only protecting the constitutional right of U.S. citizens, but stop the attack on our immigrant communities," she said.

Hochul's stance

On Tuesday evening, Hochul told Capital Tonight she believes the state’s current approach is working and that State Police already do not assist with civil immigration enforcement efforts.

"But we also have to have the flexibility that if a crime has been committed — not the offense of crossing the border — but a serious crime has been committed, I have to be able to assist when there’s a court order," Hochul said.

Hochul also said she does not support the idea of abolishing ICE. She said the agency should focus on going after those who committed serious crimes.

Hochul’s comments drew a harsh response from the Immigrant Defense Project’s executive director Yasmine Farhang, who called them "reckless, blatantly false and a slap in the face to the New York families who have lost their loved ones" due to increased ICE efforts in the state.

"New York is facing a crisis," Farhang said in a statement. "To deny the violence that many New York communities are experiencing due to the collusion between state and local agencies and ICE is a failure in her leadership."