The U.S. Justice Department announced Tuesday that it is suing the state of New York over a series of immigration-enforcement regulations recently passed as part of the state budget.
Filed in the Western District of New York, the suit challenges the state’s moves to prohibit federal officers from wearing masks and concealing their identities while on duty, and end agreements that allow local municipalities from using resources to assist in federal immigration enforcement.
It argues that states do not have the authority to regulate the federal government’s operations and the laws put the lives of law enforcement officers at risk. The lawsuit also names Gov. Kathy Hochul, state Attorney General Letitia James and Michael Russo, the assistant attorney general in charge, Buffalo Regional Office.
“Governor Hochul cannot tell Federal officers how to do their job,” Associate Attorney General Stanley Woodward said. “And she certainly cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations. Our suit today stops New York’s unconstitutional efforts.”
In return, Hochul and James on Tuesday sued the Trump administration to protect the laws, saying they hold the federal government accountable when it comes to immigration and law enforcement operations in New York. The face-covering law is set to take effect on Friday, they noted.
In a statement released Tuesday, Hochul said, “A badge carries with it a responsibility to uphold the public’s trust. New Yorkers deserve to know who is enforcing the law in their communities and have the assurance that local resources are being deployed to protect public safety, not to intimidate or advance the agenda of a rogue federal agency, these laws reflect New York’s values, and we’re not going to let anyone bully us into abandoning them.”
She said she and James are asking the court to block the Justice Department’s suit, arguing it violates the Tenth Amendment and the state’s ability to enact laws that protect public safety.
“By hiding their faces and refusing to wear identification, federal immigration officers endanger New Yorkers and intentionally evade accountability,” James said.