After a tense Monday and Tuesday in Albany, New York\u2019s state budget negotiations over the past two days have felt like a train delayed at the station for an hour \u2014 but now, one by one, the wheels are starting to move.<\/p>\n
That sense was clear when Gov. Kathy Hochul, a Democrat, announced at the top of a press availability following an unrelated event that there has been progress toward reaching a deal with the Democrat-led Legislature on an immigrant protection package that has been brewing since the beginning of the legislative session. The push grew in urgency after the Trump administration\u2019s immigration crackdown in Minneapolis resulted in the deaths of Ren\u00e9e Good and Alex Pretti.<\/p>\n
Hochul \u2014 who typically does not provide concrete updates on closed-door budget negotiations \u2014 told reporters she is announcing a revised proposal following weeks of discussions with state lawmakers, a process that has run parallel to budget talks and at times overlapped with them.<\/p>\n
The governor characterized the announcement as an update on where she stands, stressing that she has yet to reach an official deal with legislative leaders and that negotiations were still ongoing. She said she is expanding upon her existing proposals from earlier this year to ban formal agreements between local governments and ICE, known as 287(g) agreements, as well as to provide legal recourse for individuals who feel their constitutional rights have been violated by ICE and protect certain sensitive locations from ICE intrusion without a warrant.<\/p>\n
\u201cWe\u2019ve made some substantial progress in the last few days with our legislative leaders, and we\u2019re building on a proposal that I first unveiled back on Jan. 30, as we called it, the \u2018Local Cops, Local Crimes Act,\u2019\u201d Hochul said. \u201cThe crux of that proposal is very simple, literally stating that local cops should be focused on local crimes: keeping our streets safe, responding to emergencies, going after gun traffickers and violent offenders, and protecting the neighborhoods they know best.\u201d<\/p>\n
A key sticking point has been how state and local law enforcement interact with ICE, and Hochul appears to have ceded some ground, though some lawmakers and advocates still have significant concerns.<\/p>\n
The expanded proposal would prohibit state and local law enforcement from coordinating with federal immigration enforcement on non-criminal offenses, and from asking, collecting or sharing information about immigration status unless it is legally required or relevant to a crime; from transferring custody of a person to immigration authorities unless the individual has been convicted of a crime; and from utilizing state, local or school resources \u2014 including employee time \u2014 for immigration enforcement.<\/p>\n
Steadfast in her insistence that individuals who have committed serious or violent crimes should not receive protection, Hochul said simple immigration offenses such as illegal entry, reentry or failure to register with immigration authorities would not be covered by the proposed changes.<\/p>\n
\u201cThat is not the class of individuals that we want to have our local law enforcement or state or local employees assisting in the apprehension of if those are the only suspected offenses,\u201d she said.<\/p>\n
The governor\u2019s updated pitch would also expand the sensitive locations protected from warrantless ICE intervention, as proposed by Hochul in January, to those owned and operated by state and local governments, such as schools and libraries, with an opt-in for privately owned \u201csensitive locations.\u201d Significantly, the proposal would prohibit ICE agents from wearing face coverings, a priority for some state lawmakers and a cause championed by state Sen. Pat Fahy.<\/p>\n
A remaining sticking point appears to be that, under Hochul\u2019s proposal, police would still be able to work with ICE if individuals are convicted of a covered crime or if there is probable cause that the individual committed a violent or otherwise serious offense.<\/p>\n
In addition to debate over what crimes would be covered, some lawmakers and advocacy groups have expressed concern about leaving probable cause open to interpretation.<\/p>\n
\u201cWe know how easy it is for law enforcement to claim probable cause to detain someone. Relying on a probable cause standard means the governor\u2019s proposal will allow police to turn a person who is simply accused of a crime over to ICE \u2014 an inept, violent and lawless agency,\u201d said New York Civil Liberties Union Senior Policy Counsel Zach Ahma.<\/p>\n
Assembly Speaker Carl Heastie told reporters the probable cause issue sums up concerns among members in the lower chamber.<\/p>\n
\u201cThe conference and a lot of members are still not really settled about probable cause, but happy in other places where the governor has moved,\u201d he said.<\/p>\n
Hochul acknowledged the concern.<\/p>\n
\u201cAny community can go as far as they want in protecting their residents from ICE,\u201d she said. \u201cWe\u2019re establishing a floor. Any community that doesn\u2019t want to have any engagement with ICE, they don\u2019t have to. We\u2019re talking about communities that do engage with ICE. We\u2019re putting some changes in place that we will expect them to adhere to.\u201d<\/p>\n
The governor and lawmakers have stressed the need to pass a protection package, saying such measures are needed to address situations unfolding every day. Hochul was unable to say whether it would be possible to reach a final agreement and sign a package into law before the rest of the state budget is finalized. Lawmakers were conferencing the proposal as Hochul spoke.<\/p>\n
\u201cI\u2019m announcing where I am right now,\u201d she said. \u201cI\u2019m looking forward to the feedback from their conferences.\u201d<\/p>\n
The announcement came as both houses passed a fourth budget extender to bridge the gap until Monday, as the state budget is now more than two weeks late.<\/p>\n
Heastie reported Thursday that all major issues have shown some movement, but at least a few significant items under each remained unresolved Monday.<\/p>\n
Deputy Senate Majority Leader Mike Gianaris told Spectrum News 1 he believes more forward momentum is on the horizon.<\/p>\n
\u201cI think next week will be one of significant progress across the board,\u201d he said.<\/p>\n