A limit on informal ICE collusion is nixed from budget talks

Gov. Kathy Hochul and state leaders appear to be approaching a deal on immigration, but a final deal likely won’t include provisions to limit informal cooperation by local law enforcement with federal immigration agents.

According to four sources briefed on the latest negotiations, legislative leaders and Gov. Kathy Hochul have dropped language that would have explicitly prevented local law enforcement officials from collaborating with U.S. Immigration and Customs Enforcement informally on civil matters, while allowing it for certain criminal matters, after immigrant advocates raised concerns. Finding compromise language around this particular issue had been a major sticking point in discussions on the broader package of reforms. 

The governor has said local law enforcement should not work with ICE on any civil enforcement. “I want my local police focused on local crimes, not distracted doing the work of ICE agents who have a very different mission,” she said last week.

While the development provides an avenue for lawmakers to advance the other aspects of the immigrant protection package that has already largely been agreed upon, it in effect entirely removes provisions that aimed to prevent all forms of cooperation with ICE, not just formal agreements with the federal government. That was a significant part of the New York for All legislation supported by advocates and lawmakers that they tried to have included in the discussion with the governor.

Hochul had previously proposed including language about permitting local officials to work with ICE if they had probable cause of a crime. But she later agreed to remove that proposal, according to six sources briefed on negotiations. The removal of that language has not been previously reported. 

“Gov. Hochul is committed to keeping New York communities safe, which is why she has proposed a common-sense set of politics to hold ICE accountable while protecting the constitutional rights of every New Yorker,” a spokesperson with Hochul’s office said in a statement. “The governor remains focused on working with the Legislature to keep federal overreach out of New York and any changes to the proposal have come as a direct result of requests from the Legislature.”

The update on the probable cause language came after backlash from both lawmakers and advocates. Hochul indicated last week she was open to removing that proposal from the final statute – acknowledging the staunch pushback from lawmakers. 

In place of the language about probable cause, according to sources, Hochul proposed explicitly forbidding local law enforcement from sharing information with ICE when investigating civil matters, while permitting it in cases where local law enforcement is investigating a crime. Although the governor pitched the language as a means to protect against collaboration with immigration agents in civil cases, activists and lawmakers briefed on negotiations feared that the proposal would create an avenue for police to escalate civil investigations.

That language has now been removed, according to four legislative sources. The removal came after a blitz of opposition to the governor’s latest proposal regarding “criminal investigation.” At least two text blasts shared with City & State and sent to legislators Tuesday night, including one from the Working Families Party, rang the alarm bells over the governor’s language. “We strongly oppose this language and urge you to reject it,” the WFP message read. “Advocates and the NY4A coalition are clear that we want to see the current pro immigrant provisions stay in the budget EXCEPT this particular law enforcement piece.”

Murad Awawdeh, executive director of the New York Immigration Coalition, offered measured praise of the latest developments and overall state of the immigration package. “We've come a very long way from January,” he told City & State. “We have secured many new protections for immigrant New Yorkers. And we will keep fighting to make sure that no New York resources are being funneled into Trump’s deportation machine.”

Assembly Speaker Carl Heastie was noncommittal when asked whether informal collusion was removed from the package, but he confirmed that the probable cause language is off the table. And he suggested an overall deal on immigration is close, though some other pieces remain outstanding, like keeping ICE out of poll sites.

“These things go back and forth,” Heastie told reporters in Albany on Wednesday. “I think the center of gravity might be in that direction now, but I don’t think it’s been final, final.” He later added: “We all want to deal with the over-aggressiveness of ICE, but we also understand that there should always be due process, and I think we’re just trying to figure out what’s the best balance on that.”

The speaker said he has not heard any lawmakers declare that they won’t vote for the budget if they don’t get what they want in the immigration package. “No matter what we end up doing, we’re the ruling party in budget negotiations,” he added. “There’s going to be a lot of good stuff in here and, you know, sometimes, we all have to support things … that doesn’t mean you’re happy about it, but it’s part of the process.” 

Several lawmakers declined to discuss the ongoing negotiations. A spokesperson with Senate Majority Leader Andrea Stewart-Cousins did not respond to requests for comment.

Lawmakers passed an eighth $1.5 billion budget extender Wednesday afternoon that keeps state government open through Monday. Leaders will continue meeting through the weekend and hold conference with members, but it’s unclear when any of the nine remaining budget bills will be printed, or ready to be voted on. 

Immigration is not the only issue holding up the state budget. Assembly Member Michaelle Solages – who chairs the Black, Hispanic, Puerto Rican and Asian Legislative Caucus – said key issues like rollbacks to the Climate Leadership and Community Protection Act, car insurance reform and others remain unresolved. 

“While progress is being made, the final budget must reflect a clear commitment to affordability, fairness and stability for communities across New York,” Solages told City & State. “As we head into the eighth extender, we are well into extra innings and New Yorkers are ready for us to bring this game home.”