Budget immigration measures bans law enforcement from wearing masks

ALBANY | Gov. Kathy Hochul has signed new laws against federal immigration enforcement as part of the FY27 Enacted Budget. The new laws include: LOCAL COPS, LOCAL CRIMES Prohibits local governments, state and local police, and state and local corrections from entering into 287(g) Agreements or similar agreements with the federal government that allow for state and local law enforcement personnel and facilities 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. BANS MASKS Prohibits state, local, and federal officers from wearing face covering while interacting with the public. This excludes necessary tactical equipment, sunglasses, or medical masks from the definition of face covering. Willfully violating the statute would be an infraction, and subsequent willful violations would be a misdemeanor. ADDED ACCOUNTABILITY 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 under federal law. This 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. SAFEGUARDS INTERACTIONS Prohibits the use of state and local civilian agencies and public school resources, including employee time, for civil immigration enforcement activities. This includes a ban on questioning or investigating individuals solely for civil immigration purposes unless required by a federal judicial warrant or by law. Also prohibits 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. PROTECTS SENSITIVE LOCATIONS Prohibits all civilian 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, meaning 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 facilitate access to any non-public areas of their facilities to immigration authorities without a warrant. Also protects against voter intimidation and interference at polling locations by denying immigration authorities access to such sites without a judicial warrant, and empowers privately owned or operated sensitive locations, including hospitals, daycares, schools, housing accommodations, and houses of worship to do the same. RIGHT TO EDUCATION Ensures immigrant students can access education, codifying the right to a free public education regardless of immigration status. Prohibits various practices, particularly around data collection and disclosure regarding immigration status, that could chill the exercise of that right by undocumented students.

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Budget immigration measures bans law enforcement from wearing masks

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