Assembly Announces Enacted Budget Includes Protections for Immigrant New Yorkers

Assembly Announces Enacted Budget Includes Protections for Immigrant New Yorkers

Speaker Carl Heastie today announced that the State Fiscal Year (SFY) 2026-27 Enacted Budget includes provisions to protect communities and vulnerable populations from federal immigration enforcement by prohibiting local government collaboration for federal civil immigration violations, ending agreements that deputize law enforcement as immigration officers, establishing sensitive locations and ensuring continued access to education for children.

"The administration in Washington has empowered ICE to tear people from their homes and cause terror in our communities and wants to use local resources to do it," Speaker Heastie said. "The provisions we pass today will protect local governments and their resources from being used for civil immigration violations and private detention facilities. It will protect children in their schools and establish sensitive locations within our communities. The Assembly Majority will continue to work to protect immigrant New Yorkers and to fight against the injustice and cruelty that this administration continues to inflict."

"These protections are a moral imperative for every vulnerable immigrant New Yorker who lives every day in fear of what a knock on the door might mean," said Assemblymember Karines Reyes, R.N., Chair of the Puerto Rican / Hispanic Task Force. "Our budget draws a firm line: New York will not be complicit in the federal government's use of local resources to carry out indiscriminate immigration enforcement and be weaponized to fuel ICE's campaign of fear. Our children deserve to learn without terror. Our families deserve to pray without looking over their shoulders. We will not yield in our fight to protect our neighbors from this administration's brazen abuse of power."

"Our neighbors live in daily fear of being picked up by ICE and ripped away from their families," Assemblymember Catalina Cruz said. "We are living in a lawless federal regime that requires the strongest state protections. Establishing sensitive locations, keeping ICE out of schools, and prohibiting the use of state and local government resources to report and detain individuals for the purpose of federal civil immigration enforcement, are important steps to protecting immigrant New Yorkers."

"No one is above the law or the U.S. Constitution - including and especially those acting under the authority of the government," Assemblymember Gabriella A. Romero said. "Far too often, New Yorkers have been left feeling powerless when the government officials who are supposed to protect and serve them violate their rights. These budget provisions are about making sure people have the tools to hold ICE and any other government actors accountable for civil rights abuses and to seek justice in state court, our most accessible court. This is a historic moment for New York State, and I am proud to be part of it."

"ICE is hiding behind masks as they cause terror in our communities. But no longer," Assemblymember Tony Simone said. "I'm glad to see the Mandating End of Lawless Tactics (MELT) Act passed as part of this budget, prohibiting federal immigration agents from wearing masks for civil enforcement, and will continue to work to protect immigrant New Yorkers and fight back against the current administration in Washington."

Local Governments

The budget includes provisions to limit collaboration between local law enforcement and federal immigration officials and to give local governments the ability to build upon state law. This includes prohibiting state and local law enforcement from entering formal or informal agreements to perform immigration enforcement functions, known as 287(g) agreements. It will prevent local governments from entering into contracts and intergovernmental service agreements to house or detain individuals for federal civil immigration violations, as well as prohibit local governments from paying for or expending resources related to private immigration detention facilities.

Provisions included in the budget would require state and local governments to designate contacts for reviewing court orders and warrants and establish training for employees.

The legislation allows local governments to expand upon the provisions included in the SFY 2026-27 Enacted Budget, establishing that these are a floor, preventing the preemption of existing local laws that are stronger and enabling municipalities to go beyond the standards established in state law.

Protecting Children

The legislation includes provisions to protect children from federal immigration officials. While reinforcing that children cannot be denied access to public education due to citizenship or immigration status, it also prohibits employees of state and local governments, schools and higher education institutions from collaborating with federal officials for immigration enforcement purposes. The budget requires schools and childcare providers to develop procedures for when a parent or guardian has been detained and is unavailable to retrieve their child.

Protecting Sensitive Locations

To help protect immigrant New Yorkers in their communities, the budget denies federal immigration officials access to nonpublic areas of schools, daycares and state and local facilities without a valid court order or judicial warrant. It also enables private sensitive locations to do the same. These sensitive locations include healthcare facilities, houses of worship, housing accommodations, nonpublic schools and higher education institutions, childcare facilities, nursery schools, summer camps, senior centers, parks, playgrounds, athletic fields, recreation centers and polling places.

Protecting Citizens' Rights

The budget establishes the Office of Immigrant Trust within the Office of the New York State Attorney General to receive complaints and conduct investigations regarding provisions. It also establishes a private right of action for deprivation of constitutional rights by government officials, retroactive to January 1, 2025.

Additionally, the budget prohibits law enforcement officers from wearing a mask or face covering while interacting with the public.