Hochul Backs Legislation to Allow New Yorkers to Sue ICE Agents for Rights Violations

New York Governor Kathy Hochul announced her support for legislation that would enable state residents to sue Immigration and Customs Enforcement (ICE) agents who violate their constitutional rights. The proposal, outlined during her recent State of the State address, aims to create accountability mechanisms for federal immigration officials operating within New York.

“This doesn’t interfere with lawful enforcement or public safety,” Hochul stated during her address. “It simply affirms a core truth: Power does not justify abuse. And if someone’s constitutional rights are violated here in the state of New York, I say they deserve their day in court.”

The proposed legislation builds on measures introduced last year by State Senator Brad Hoylman-Sigal and Assemblymember Micah Lasher. Their bills reference Title 42, Section 1983 of the U.S. Code, which currently allows citizens to sue state and local officials for civil rights violations but contains no comparable provision for federal officials.

“Every day, ICE is terrorizing our communities and violating our civil rights. We must be able to hold them accountable,” said Lasher, who is currently running for Congress. He expressed approval of Hochul’s decision to champion the measure.

New York would join several other states, including California, Massachusetts, and New Jersey, that have already enacted similar laws providing legal recourse against federal agents. The legislation addresses what supporters see as a significant gap in accountability for federal law enforcement operating in local communities.

Hochul’s proposal comes amid heightened tensions between state governments and federal immigration authorities. The governor also advocated for additional restrictions on ICE operations, including a requirement for judicial warrants before agents can conduct enforcement actions in sensitive locations such as schools, churches, and hospitals.

This proposed safeguard gained urgency after the Trump administration reversed a Biden-era policy that had restricted immigration arrests in these protected spaces. Hochul further pledged that New York “will not allow the use of state resources to assist in federal immigration raids on people who have not committed serious crimes.”

The Department of Homeland Security pushed back against these initiatives. DHS spokeswoman Tricia McLaughlin criticized Hochul for what she characterized as “smearing law enforcement who are simply enforcing the rule of law and are putting their lives on the line to remove violent criminals from New York.” McLaughlin also noted an increase in threats against federal immigration officers.

The debate over ICE accountability has intensified following a recent fatal shooting in Minneapolis, where U.S. citizen Renee Nicole Good was killed by ICE agent Jonathan Ross during an enforcement action. The incident sparked protests across multiple cities, with Democrats and community members demanding charges against the agent involved.

A second ICE-involved shooting occurred in Minneapolis just days later, prompting the city’s mayor to call for the agency to leave both the city and state entirely. While the Trump administration and Republican lawmakers have defended the incidents as justified, critics argue they demonstrate the need for greater oversight of federal immigration enforcement.

The proposed legislation in New York highlights the growing tension between state and federal authorities over immigration policy and enforcement practices. As states like New York seek to implement additional protections for residents, the debate over appropriate boundaries for federal immigration enforcement is likely to remain contentious through the current administration and beyond.