Key Takeaways:
– New York Governor Kathy Hochul unveils four scenarios in which state officials may collaborate with federal immigration enforcement.
– Her announcement raises questions about its alignment with an existing state executive order limiting immigration enforcement cooperation.
– New York advocates stress the need for uniform, statewide immigration legislation.
– Confusion persists over Governor Hochul’s stance towards major deportations under the Trump administration.
Conflicting Views on Governor Hochul’s Stance
In an unexpected turn of events, New York Governor Kathy Hochul has released a list detailing four broad circumstances under which state officials can partner with federal immigration enforcement. This announcement, transmitted to Gothamist, states that the state could cooperate with federal authorities if an individual is “suspected of an immigration crime” or guilty of a state-level crime. This stance is broader than Hochul’s previous claims, which suggested only the deportation of people proven guilty of “serious” offenses would warrant state collaboration.
Confusion Reigns Supreme
Experts and analysts have found this position challenging to interpret. The Governor’s office did not provide any clarity when asked if the list symbolizes a new policy or if state agencies had been notified about this change. They emphasized, however, that the guidelines align with an existing state executive order restricting cooperation with federal immigration enforcement. Yet the seeming contradiction with the executive order, as noted by Zach Ahmad, Policy Counsel at the New York Civil Liberties Union, underscores the necessity for definitive statewide legislation.
Trump’s Deportation Policy and New York’s Response
This revelation comes as President Donald Trump’s new administration pushes for his promised “mass deportations.” Although large-scale raids in “sanctuary cities,” including New York City, have not occurred, the enforcement of minor raids by Immigration and Customs Enforcement (ICE) continues to evoke panic within communities. Amidst all this, Governor Hochul’s indecisiveness regarding how the state will counter federal attempts is creating more confusion.
Hochul’s Previous Endeavors
Back in 2017, the then-Governor Andrew Cuomo issued an executive order prohibiting state officials from either asking about or revealing an individual’s immigration status except in limited contexts. Governor Hochul reinstated this order earlier this month. Now, her narrative that her new announcement is in line with this the previous executive order has raised eyebrows among experts.
The Fear of Mass Deportations
The criteria for state cooperation with ICE listed by Hochul’s spokesperson, Avi Small, have invoked concern. The second one, in particular, is causing anxiety. This criterion states that if an individual is suspected of an immigration crime, the state can cooperate with ICE. These ‘immigration crimes’ can range from illegal entries, federal misdemeanors, to re-entry post-deportation, a felony. This could potentially open doors for aiding in the mass deportation of immigrants.
Call for a Fixed Legal Standard
The ambiguity left by this situation has elevated concerns for immigrant rights advocates. They believe that these mixed messages could cause immigrants to distrust state actors. Advocates argue that there is a need for a set legal standard to govern collaboration with federal immigration enforcement. They are supporting legislation that would restrain state and local bodies from assisting ICE and border officials except in limited cases.
Federal Pressures and New York’s Stance
The Trump administration is piling on the pressure for more cooperation. To that end, the federal Department of Transportation has listed new funding priorities, one of them being recipients’ cooperation with federal immigration enforcement.
Following Trump’s election in 2017, Governor Hochul suggested a hardline stance toward immigrants guilty of crimes. However, she has so far not sealed New York’s position regarding federal immigration enforcement.
Uncertainty for Undocumented Immigrants
The stakes are high with about 670,000 undocumented immigrants in New York state. There are fears that state and federal law enforcement cooperation could distress public safety efforts by making people afraid to call the police. Amidst this fear and uncertainty, advocates and officials alike stress the need for clear, decisive action to define New York’s stance on deportation and cooperation with federal immigration enforcement.