New York Governor Kathy Hochul is advising local authorities that zoning rules and state environmental laws could block Immigration and Customs Enforcement (ICE) from building or expanding detention facilities in their communities.
Guidance sent to local government leaders sets out the latest measures being taken by Hochul’s administration to obstruct the federal agency’s efforts to increase its detention capacity in New York.
“We need localities focused on keeping our communities safe, which depends upon the efforts of local law enforcement, civil servants, and regulators,” Ms Hochul wrote.
She added that her office was prepared to work with local authorities if they became aware of proposed projects, while continuing to demand “answers and transparency” from federal immigration officials.
New York measures target ICE detention facilities
The governor and New York lawmakers agreed a package of measures in May aimed at limiting the Trump administration’s immigration enforcement operations.
Under the provisions, any proposal to build or expand an immigration detention facility must be subject to greater public notice, including at least two hearings. Local governments are also barred from offering financial incentives intended to offset the cost of a facility.
The measures followed apparent efforts by ICE to expand its presence in Batavia, Newburgh and Rochester through new leases or the enlargement of existing sites.
After Ms Hochul asked Homeland Security Secretary Markwayne Mullin for details of the agency’s plans, an ICE official said the federal government had not directed the establishment of a detention facility in Rochester.
In Batavia, however, the agency was described as being in the early stages of considering an increase in bedspace and usage. In the Hudson Valley, ICE confirmed that an acquisition process was under way to identify a facility to lease through the General Services Administration for its investigations, enforcement and removal operations.
The response provided limited detail but marked the first formal outline given to New York state officials of the agency’s plans to expand in the state.
Hochul’s Republican critics have attacked the restrictions. Broome County Sheriff Fred Akshar is due to testify before the House Judiciary Committee in Washington on what has been described as “the continuing tragedy of sanctuary laws”.
The governor’s intervention comes as other New York officials pursue legal challenges to the Trump administration’s immigration policies. New York City Mayor Zohran Mamdani and state Attorney General Letitia James have filed lawsuits against a federal rule due to take effect on Friday.
The rule would give immigration officials greater discretion to reject green cards or visas for lawful immigrants deemed likely to become a “public charge”, including by taking account of Medicaid or food assistance.
Mr Mamdani said the policy could lead immigrants to avoid routine medical care, while Ms James argued that it was overly broad and inconsistent with more than a century of legal precedent.
