Hochul promises ‘fight’ over immigration, but has little to show for it

“It’s bullshit.”

That’s how Gov. Kathy Hochul described the arrest of mayoral candidate and New York City Comptroller Brad Lander by federal immigration officers. She lamented the fates of immigrants who don’t have Lander’s profile or resources and attacked President Donald Trump. “When you challenge the values and our rights and the people of our state, I'm going to have to fight and stand up,” Hochul told reporters at an unrelated press conference in Brooklyn on Tuesday. “That day has arrived.”

Over an hour later, Hochul offered a small update on what that “fight” would look like. Standing side-by-side with a newly released Lander, she announced that the state is dedicating $50 million for immigrant legal services to assist those who may find themselves arrested by federal agents following a court check-in. But the money is not a new investment, and it’s far less than the amount advocates have lobbied for years for. Hochul also has not taken a public stance on any number of bills meant to protect immigrants – none of which the Legislature acted on before the end of the legislative session this year.

On the funding front, immigrant advocates have called for at least $165 million for immigrant legal services for the past several years. Hochul has never included that amount in her executive budget proposal. Both houses of the state Legislature have included the funds in their one-house budget proposals, but it has never made it into the final spending plan – and this year’s budget was no different. 

This year, the state budget included $64.2 million for immigrant legal services assistance, an amount that advocates called “stagnant” compared to last year. The amount of money dedicated to legal services for immigrants has increased from nonexistent to the current amount over the past several years, but this year’s budget did not add more resources after hitting a record high last year. According to a spokesperson for the governor, the $50 million that Hochul announced on Tuesday represented funds already included in the budget passed in early May, rather than new money on top of it. So the money Hochul touted is from a sum that immigrant advocates have already said failed to meet the moment.

The money was also intended to fund a legislative proposal called Access to Representation, a measure that would create the right to an attorney in immigration court. Both the state Senate and Assembly have included the measure in their one-house budget proposals in the past as well, but the governor has never indicated her support for the bill by including it in her agenda or budget pitch. Hochul did not reference the legislation, which lawmakers failed to pass before they finished their work for the year. A spokesperson for Hochul said that she would “review any legislation that passes both houses” when asked whether the governor now supports the measure.

“We would love additional resources in this moment and continue to fight for more,” said Murad Awawdeh, executive director of the New York Immigration Coalition. “I commend the governor for coming down the 26 Federal Plaza today to support getting the New York City comptroller out, but we have to go further.”

Although Hochul has at times talked big about standing up to Trump in the past several months and weeks, including on issues around immigration, that has not translated to material support for measures that would increase protections for immigrants in New York or expand the state’s existing sanctuary policies for those without documentation. While the governor generally stays away from opining on pending legislation, she has seemingly made increasing reproductive health care access a priority since Trump’s second term. Almost immediately after the Legislature passed a measure that would provide greater protections to doctors prescribing abortion care to patients in states with restrictive laws in February, Hochul signed the bill to much fanfare.

Hochul has consistently made abortion access a cornerstone of her agenda, whether featuring it prominently in her 2022 campaign or supporting legislation to expand protections in the state from the moment she took office. The same cannot be said for strengthening immigration policies, even though the governor has criticized Trump for actions he has taken targeting families, young people and others without criminal records in New York.

During her recent testimony before the House Oversight Committee on state sanctuary policies, Hochul took pains to make clear that existing regulations still permit state officials to cooperate with immigration agents, and that the executive order she extended enacting sanctuary policies doesn’t hinder local law enforcements’ ability to work with federal authorities. Though she defended the laws and regulations in place, Hochul declined to express any support for measures that would increase protections. Rep. Mike Lawler, a potential Republican challenger for governor, asked her specifically about the New York for All Act, a bill that would codify and expand protections for undocumented immigrants in the state. Hochul avoided giving a straight answer about her position on the measure, but eventually said she had “no confidence” it would pass the state Legislature. It turned out she was correct, as lawmakers adjourned for the year without approving the legislation.

Awadweh said that overall, he and other advocates were happy with the governor’s testimony last week. “I look forward to her joining us on the front line and continuing to fight for our communities,” he said. “But we also would love to see her support in some of the legislation pieces that we’re pushing.”

While Hochul hasn’t put her weight behind bills to expand immigrant protections, the state Legislature hasn’t used the past year to approve new immigration-related bills, either, even as it passed measures on abortion and trans rights. Both chambers finished their legislative years without acting on a variety of legislation that would strengthen the state’s sanctuary policies, despite early calls from some lawmakers in the immediate aftermath of Trump’s election. State Senate Majority Leader Andrea Stewart-Cousins said in a statement she was “outraged” by Lander’s arrest. “These actions reflect an alarming escalation against the very principles of justice and accountability we hold dear,” she said. But a spokesperson didn’t respond when asked whether the majority leader would support calling a special session to pass new measures to expand protections for New York’s immigrant communities.