Roughly a week after Gov. Kathy Hochul of New York announced new restrictions on federal immigration agents, including a mask ban, the Department of Homeland Security made clear it was girding for battle.<\/p>\n
In an internal memo, the department\u2019s general counsel assured agents that they were \u201cnot legally required to comply with state and local mask prohibitions while carrying out their official duties.\u201d<\/p>\n
The memo, dated May 15 and reviewed by The New York Times, added that officers should \u201cfreely perform their authorized duties without concern for state interference or fear of prosecution.\u201d<\/p>\n
The guidance signals that the agency has no intention of cooperating with a wave of legislation across the country that aims to curtail immigration enforcement after the deaths of two Americans at the hands of immigration officers in Minneapolis.<\/p>\n
New York is the latest to join the fray, enacting legislation<\/a> that bans masks, allows Immigration and Customs Enforcement agents to be sued for constitutional violations, and prohibits agents from searching \u201csensitive locations\u201d like hospitals and schools without a warrant signed by a judge.<\/p>\n \u201cIf you are enforcing the law, you should not be hiding from it,\u201d Jen Goodman, a spokeswoman for Ms. Hochul, said in response to the news that the Department of Homeland Security, which oversees ICE, was already preparing to disregard New York\u2019s mask ban. \u201cAny ICE agent who comes to New York and violates our laws will be held accountable.\u201d<\/p>\n The state will also prohibit informal and formal arrangements, called 287(g) agreements, between counties and ICE that had allowed the federal agency to use local law enforcement and jails to arrest and detain people suspected of being in the country illegally.<\/p>\n In a statement, the Department of Homeland Security said it does not comment on leaked materials. But it called mask bans like New York\u2019s \u201cdespicable and a flagrant attempt to endanger our officers,\u201d arguing that agents wear face coverings only to protect themselves and that under the Constitution, state and local politicians \u201cdo not control federal law enforcement.\u201d<\/p>\n \u201cTo be crystal clear: We will not abide by unconstitutional bans,\u201d the statement said.<\/p>\n The Trump administration\u2019s border czar, Tom Homan, said earlier this month that New York\u2019s legislation would make his agency\u2019s work \u201cmore dangerous and less efficient.\u201d<\/p>\n \u201cWhen I lose those 287(g) programs, I lose those jails, that means I\u2019ve got to send more officers into the street to look for more people you released,\u201d he said in an interview<\/a> with The Washington Examiner.<\/p>\n But many immigrant advocates and some lawmakers say that New York\u2019s legislation, which was included in the state budget formally passed Wednesday evening, does not go far enough. Even though informal agreements between ICE and local law enforcement are prohibited, there is nothing in the law explicitly preventing the police from calling immigration officials after, for instance, a traffic stop involving someone potentially subject to deportation.<\/p>\n Ms. Hochul, who fought against creating a blanket rule to ban such calls, said on Thursday that police officers still should not be calling immigration just because someone is speaking Spanish.<\/p>\n \u201cWhy would you call ICE in that situation?\u201d she said. \u201cThat is not your job.\u201d<\/p>\n The tension reflects the ambition and limitations of a multistate effort to curtail the Trump administration\u2019s immigration crackdown \u2014 some of the most visible pushback to federal power during President Trump\u2019s second term \u2014 and previews how the politically charged issue may play out in the midterm elections.<\/p>\n On Friday, Ms. Hochul celebrated the passage of the immigration package with affected families, advocates and members of the clergy at her office in New York City.<\/p>\n \u201cThis is our time to act,\u201d she said before signing a ceremonial version of the bill. \u201cIt\u2019s time to show the nation, and Washington, who we are.\u201d<\/p>\n One of the young men there, Lionel, an 18-year-old from Ecuador who used only his first name for fear of ICE retaliation, said he was heartened that immigration agents would no longer have free rein to patrol churches, hospitals and especially schools.<\/p>\n Even so, he said, the lack of an explicit ban on information sharing between ICE and the police meant that his community still needed to watch their backs.<\/p>\n \u201c I know many people, when they see a police car \u2014 my family also \u2014 when they see police car, like on the street, they get afraid,\u201d he said. \u201cThey try to like hide themselves or run.\u201d<\/p>\n With the president\u2019s approval ratings falling, Republicans are trying to keep immigration concerns at the forefront of their political messaging, as they successfully did in pushing Mr. Trump to victory in 2016 and 2024. But the two deaths in Minnesota this year, as well as an increasing number of deaths in ICE custody<\/a>, has complicated the narrative and emboldened states across the country to take legislative action.<\/p>\n California, Colorado, Washington and Wisconsin have introduced bills that would allow residents to sue immigration agents in state court for constitutional violations. Federal employees currently have broad impunity, making accountability all but impossible.<\/p>\n In September, Gov. Gavin Newsom of California signed two pieces of legislation, one of which prohibited ICE agents from wearing masks and another that required that they display identification.<\/p>\n