This article reflects New York law and enforcement conditions as of June 2026. Gov. Kathy Hochul signed a comprehensive immigration protection package as part of the FY27 State Budget on May 29, 2026, incorporating elements of the New York for All Act and the Dignity Not Detention Act. Key enacted provisions: (1) Bans all 287(g) agreements between local governments, police forces, and corrections agencies and ICE - the formal contracts that deputize local officers to make immigration arrests; (2) Prohibits local jails from holding individuals for ICE under civil immigration detention contracts (Intergovernmental Support Agreements), giving existing facilities three months to cancel contracts; (3) Requires a judicial warrant for ICE to access sensitive locations including schools, hospitals, libraries, childcare centers, public parks, polling places, and churches; (4) Prohibits ICE agents from wearing masks during enforcement operations in New York; (5) Prohibits state and local employees and agencies (except local police) from sharing personal information with ICE; (6) Bars local governments from contributing to the cost of operating immigration detention centers; (7) Requires public input before zoning changes to convert buildings for immigrant detention; (8) Creates an Office of Immigrant Trust within the AG's office to investigate complaints; (9) Codifies students' right to free appropriate public education regardless of immigration status. What the package does NOT ban: informal cooperation between local police and ICE in criminal enforcement contexts - local police may still work with ICE when crimes have been committed, warrants are involved, or there is evidence of criminal activity. The Green Light Law (2019), allowing driver's licenses regardless of immigration status, remains in effect; a DOJ challenge to the law's data-sharing provisions was dismissed in December 2025. Nassau County had 287(g) and ICE jail contracts in place before the new laws; all such contracts must be cancelled within three months. Verify current enforcement conditions with the ACLU of New York (aclu.org/sdny) or Make the Road New York (maketheroadny.org).
Where New York Stands
New York is one of the most significant immigration states in this series on almost every dimension: second-largest immigrant population in the country, home to New York City with its massive and economically essential immigrant communities, a political environment where the governor and Democratic legislature were under intense pressure to act, and a state with significant internal variation between New York City's robust local protections and Long Island and upstate counties that were actively collaborating with ICE.
The editorial heart of New York's 2025-2026 story is the Nassau County contrast. While New York City police maintained a long-standing posture of not cooperating with ICE civil enforcement, Nassau County on Long Island went the other direction: County Executive Bruce Blakeman, running for governor in 2026, trumpeted Nassau County's 287(g) agreement with ICE and its jail detention contracts. Nassau County law enforcement conducted immigration raids and detained approximately 3,200 people for ICE from February 2025 to March 2026. The new state laws, passed over Blakeman's objections, directly terminate Nassau County's agreements and require a wind-down within three months.
The May 2026 legislative package represents a negotiated compromise, not the full protective framework advocates sought. The New York for All Act as originally conceived would have banned informal police cooperation with ICE entirely. Gov. Hochul drew a clear line: formal contracts and agreements were banned, but informal criminal-context cooperation was preserved. The difference matters enormously in practice, and it is the central unresolved tension in New York's immigration enforcement picture going forward.
New York also has the Green Light Law, enacted in 2019, which allows all New York residents to obtain a standard driver's license regardless of immigration status. The law has been in effect since 2019 and survived a DOJ challenge: in December 2025, a federal court dismissed the DOJ's challenge to data-sharing provisions of the law, validating New York's right to limit DMV data sharing with ICE.
Part 1: What Federal Immigration Law Actually Says
Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.
The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. New York's framework rests on this foundation: the state is directing its own political subdivisions to end formal ICE partnerships. New York's 287(g) ban and ICE jail contract prohibition are state exercises of authority over state and local government resources.
Section 287(g) of the INA creates voluntary delegation mechanisms through which local agencies take on immigration enforcement functions. New York's new law bans all such agreements across the state. ICE-paid collaboration with Nassau County - in which county law enforcement conducted immigration raids and detained thousands - becomes impermissible under formal contracts. Informal cooperation in criminal contexts remains allowed under the compromise legislation.
ICE detainers are administrative requests, not court orders. A 2018 New York appellate court decision in People ex rel. Wells v. DeMarco held that New York law does not authorize holding someone solely on a civil ICE detainer without judicial authorization. The new statutory ban on ICE jail contracts extends and codifies this protection.
The Green Light Law's data-sharing limitations survived federal challenge. In December 2025, a federal court dismissed the DOJ's lawsuit challenging provisions of the 2019 law that prevent the DMV from automatically sharing driver's license data with ICE. The ruling affirmed New York's right to limit voluntary data sharing with federal immigration enforcement.
Arizona v. United States (2012) is the controlling preemption precedent. New York's package, structured as prohibition of local formal cooperation rather than creation of state enforcement, is designed within those constitutional limits.
Part 2: New York State Law
Pre-Existing Protections - Cuomo Executive Order and People v. DeMarco
New York had a baseline of executive protections before the May 2026 legislation. Former Gov. Andrew Cuomo issued an executive order prohibiting civil arrests by federal immigration authorities without a judicial warrant inside state facilities. The U.S. District Court for the Northern District upheld the order's validity in November 2025, stating that settled federalism principles and the Tenth Amendment generally empower states to control the use of their own facilities.
The 2018 New York appellate decision in People ex rel. Wells v. DeMarco established that New York law does not authorize civil immigration detainer holds without independent judicial authorization. This decision predated the May 2026 legislation and provided the doctrinal foundation for the jail contract ban.
New York City has had local policies - the NYPD's Patrol Guide limiting cooperation with ICE civil enforcement - in place for years. The NYPD does not honor civil immigration detainers and does not share information about people in its custody with ICE for civil immigration purposes. These local policies have been in place across Democratic mayoral administrations.
The Green Light Law (2019, Still In Effect)
New York's Green Light Law, enacted in 2019, allows all New York State residents to obtain a standard Class D or motorcycle driver's license regardless of immigration status. A driver's license issued under the Green Light Law looks the same as any other New York license. The law restricts the DMV from automatically sharing applicant data with immigration authorities. In December 2025, a federal court dismissed the DOJ's challenge to these data-sharing restrictions, validating the law's protections.
The Green Light Law's practical significance for immigrant families is substantial: it allows them to drive legally, obtain auto insurance, pass background checks that require a license, and interact with law enforcement without the elevated vulnerability that comes from driving without a valid license. A traffic stop for a driver with a Green Light Law license does not create the same immigration vulnerability as a traffic stop for someone driving without a license.
The FY27 Budget Immigration Package - Signed May 29, 2026
Gov. Hochul signed the comprehensive immigration protection package as part of the New York FY27 Enacted Budget on May 29, 2026. The legislation passed both the Assembly and Senate on May 21, 2026, as part of the Public Protection and General Government budget bill. The package incorporated key elements of both the New York for All Act and the Dignity Not Detention Act, but in a negotiated form that preserved informal police cooperation in criminal contexts.
287(g) Ban - Local Cops, Local Crimes Act
The law bans all 287(g) agreements between local governments, police departments, sheriff's offices, corrections agencies, and ICE. These are the formal contracts that deputize local officers to make immigration arrests. Eleven municipalities had such agreements in place when the law was signed, with Nassau County's Task Force agreement being the most prominent and controversial. Under Nassau County's agreement, county law enforcement conducted immigration raids and detained approximately 3,200 people for ICE from February 2025 to March 2026. All existing 287(g) agreements must be cancelled. The 287(g) ban runs through July 1, 2029 in Hochul's original framing but is enacted as part of the budget package.
What the ban does not cover: informal cooperation between local police and ICE in criminal enforcement contexts. If there is a crime that has been committed, a court order, a warrant for someone's arrest, or evidence of a crime, local police may continue to work with ICE. The police chief of the Village of Allegany told New York Focus that voiding the 287(g) agreement would not change his department's practices, since 'all the 287(g) is doing is really just getting us reimbursed' for cooperation that would continue informally. This loophole was the central point of contention between Hochul and advocates for the stronger New York for All Act.
Dignity Not Detention - ICE Jail Contract Ban
The law bans local jails from holding individuals for ICE under Intergovernmental Support Agreements (civil immigration detention contracts). ICE paid New York local law enforcement millions of dollars to use jail space in 2025. Jails in Orange, Broome, Allegany, Montgomery, Clinton, Niagara, Nassau, Rensselaer, and St. Lawrence Counties had active ICE detention contracts at the time of the law's passage. All existing contracts must be cancelled within three months.
The law also bars local governments from contributing to the cost of operating immigration detention centers, and requires public input - comment periods and hearings - before zoning changes that would allow the construction or conversion of buildings for immigrant detention. This zoning provision prevents a future end-run around the jail contract ban through repurposed commercial or industrial spaces without community notice.
Sensitive Locations Protections
ICE must have a judicial warrant signed by a judge to access sensitive locations including schools, hospitals, libraries, childcare centers, public parks, polling places, and churches. The law codifies that private sensitive locations - including houses of worship, homes, and summer camps - may explicitly deny access to ICE absent a judicial warrant. Students' right to a free appropriate public education (FAPE) is codified in state law regardless of immigration status.
ICE Mask Ban
ICE agents are prohibited from wearing masks or face coverings during enforcement operations in New York. The mask ban responds to documented enforcement operations in which masked federal agents in unmarked vehicles detained people in ways that witnesses described as resembling kidnappings. The ban applies statewide and was framed as a transparency and accountability measure. ICE has pushed back on similar measures in other states, arguing they endanger officer safety. The constitutionality of state mask bans on federal agents has not been definitively litigated.
Data Privacy - State Employee Information-Sharing Prohibition
State and local employees and agencies - except local police - are prohibited from sharing personal information with ICE. This covers state agencies, city agencies, public schools, public hospitals, social services offices, and other public entities. The carve-out for police was one of the major sticking points in negotiations: the legislature's New York for All Act would have restricted police information-sharing as well, but Hochul insisted on preserving police discretion in criminal contexts. The final law prohibits non-police government employees from sharing immigration-related personal information with ICE.
Office of Immigrant Trust
The legislation creates a new Office of Immigrant Trust within the New York State Attorney General's office. The office is tasked with investigating complaints about violations of the new laws, including improper 287(g) agreements, improper ICE jail detentions, sensitive location violations, mask violations, and impermissible data sharing. The office provides an enforcement and accountability mechanism for the new statutory framework.
Nassau County and the Long Island Context
Nassau County's situation deserves specific attention because it illustrates what the new laws change. County Executive Bruce Blakeman, running for governor against Hochul, publicly celebrated Nassau County's ICE partnership. Nassau County law enforcement detained approximately 3,200 New Yorkers for ICE from February 2025 to March 2026 under its 287(g) and jail detention contracts. Nassau County jails were among the top ICE detention partners in the state. The new laws require all of those formal contracts to be cancelled within three months. Informal cooperation between Nassau County law enforcement and ICE in criminal contexts remains permitted under the compromise legislation. Families in Nassau County and Long Island should understand both the change and the remaining gap.
Part 3: How State and Federal Law Interact in New York
New York's framework, like other protective states, rests on the Tenth Amendment principle that states may decline to have their own agencies participate in federal enforcement. The formal contract bans - 287(g) agreements and ICE jail contracts - are squarely within this constitutional zone. A state directing its counties not to contract with ICE is an exercise of state authority over state and local resources.
The sensitive locations requirement, in which judicial warrants are required for ICE access, operates on Fourth Amendment principles: private spaces and certain public spaces are protected from government entry without judicial authorization. New York is essentially codifying into state law what the Fourth Amendment already requires, making it enforceable through the Office of Immigrant Trust.
The informal cooperation gap is the most important practical limitation of the May 2026 laws. Because local police may still work with ICE in criminal contexts - and because 'criminal context' is defined broadly enough that a traffic stop producing evidence of an offense, or a call about a disturbance, could create the nexus - ICE can still leverage relationships with local police through informal channels. The formal contract prohibition reduces but does not eliminate that leverage.
Federal enforcement operates independently of state law in New York. ICE can conduct operations, make arrests in public spaces, enter spaces with judicial warrants, and run enforcement without New York agency cooperation. The May 2026 laws limit what New York agencies do in support; they do not limit what ICE does independently.
The DOJ has sued New York on related immigration issues: lawsuits targeting New York City's policies and the Green Light Law's data-sharing restrictions. Both suits have faced obstacles - the Green Light Law challenge was dismissed in December 2025. The new budget laws may attract additional federal litigation.
Part 4: What This Means for Families on the Ground
For immigrant families in New York, the May 2026 laws represent the most significant state-level protective action in recent memory. The formal contract bans are meaningful: Nassau County and nine other counties with ICE jail contracts must cancel those contracts, ending the jail pipeline as a formal mechanism in those jurisdictions. The 287(g) ban eliminates the deputization of local officers for immigration arrests.
In New York City, the new laws reinforce and codify long-standing NYPD policy. The Office of Immigrant Trust provides an enforcement mechanism for violations. The data privacy prohibition extends the protection beyond police to all government employees, protecting people who seek city services.
On Long Island - particularly Nassau and Suffolk counties - the new laws represent a more significant change. Nassau County's formal ICE partnership is terminated. But informal cooperation continues to be permitted, and advocates note that the practical difference between formal and informal collaboration may be limited for police departments that have built relationships with ICE agents.
The Green Light Law continues to protect immigrant drivers across the state. A standard driver's license issued to a New York resident regardless of immigration status looks identical to any other New York license, reducing the vulnerability that comes from traffic stops for unlicensed driving.
Sensitive location protections are now statutory. Schools must require judicial warrants for ICE access. Hospitals and houses of worship may explicitly deny access without a warrant. Parents can tell their children's schools about these protections. Healthcare providers can tell patients. The Office of Immigrant Trust can investigate violations.
The ICE mask ban is enforceable in New York. If ICE agents conduct enforcement operations while masked in New York, that is potentially a violation of state law that the AG's office can investigate and pursue.
Federal direct enforcement continues. ICE operates in New York independent of local cooperation. The enforcement surge of 2025-2026 has been intense in New York City, Long Island, and the Hudson Valley. State law limits what New York agencies do in formal cooperation; it does not prevent federal agents from conducting their own operations.
Part 5: What You Can Actually Do
If ICE Comes to Your Home
Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An ICE administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize entry into your home. Ask through the closed door whether the warrant is signed by a judge. If it is not, say clearly that you do not consent to entry.
You have the right to remain silent. You are not required to answer questions about your birthplace, how you entered the country, or your immigration status. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' This applies regardless of immigration status.
Do not sign anything without speaking with an immigration attorney. Signing voluntary departure forms or other removal documents can permanently waive important legal rights.
If stopped in public, stay calm. Do not run. Do not physically resist. State that you are exercising your right to remain silent and want a lawyer. Ask if you are free to go. If yes, leave calmly.
Under New York's new mask ban, ICE agents should not be wearing face coverings during enforcement in New York. If masked individuals approach you and you cannot identify them as law enforcement, you may ask: 'Are you a law enforcement officer? Can I see your identification?' You have the right to film law enforcement from a safe distance in a public space.
At School, Hospital, or Place of Worship
Under New York's new sensitive location protections, ICE must have a judicial warrant signed by a judge to access schools, hospitals, childcare centers, libraries, public parks, and polling places. Houses of worship may explicitly require a judicial warrant for ICE access. If ICE appears at your child's school without a judicial warrant, school staff may deny access and should report to the Office of Immigrant Trust.
If a Family Member Is Detained
Use the ICE Online Detainee Locator at locator.ice.gov immediately. You will need the person's country of birth and either their full name and date of birth or their A-Number (Alien Registration Number). ICE detention in New York now cannot include county jail contracts (within three months of the law's signing), but transfers to facilities in other states remain possible.
Call the ICE Detention Reporting and Information Line: 1-888-351-4024.
Call the EOIR Immigration Court Information Line: 1-800-898-7180.
Contact Make the Road New York: maketheroadny.org. Make the Road NY has been the primary immigrant organizing force in New York and has direct legal services and rapid response resources.
Contact the ACLU of New York: aclu.org/sdny or nyclu.org. The ACLU of NY monitors enforcement and the new laws' implementation.
Contact New York Immigration Coalition: nyic.org. The NYIC coordinates the statewide immigrant advocacy infrastructure.
Report violations of the new laws (287(g) violations, sensitive location violations, mask violations) to the Office of Immigrant Trust at the New York State Attorney General's office: ag.ny.gov.
Know the Risk Points in New York
Informal police cooperation with ICE in criminal contexts is still permitted. A police encounter that produces evidence of a crime - even a minor one - can create a pathway for ICE involvement that the formal contract ban does not reach.
Nassau County and Long Island have had the most intensive formal cooperation with ICE in the state; the new laws terminate those formal contracts but informal relationships continue. Families in Nassau and Suffolk counties should understand both what has changed and what has not.
Federal direct enforcement remains active throughout New York. The 26 Federal Plaza immigration court in Manhattan has been a flashpoint; a federal judge issued a ruling in May 2026 limiting ICE arrests inside immigration courts. Federal enforcement operations continue citywide and across the state.
26 Federal Plaza overcrowding has been documented. Lawyers for detained immigrants sought permanent improvements. If a family member is detained in a Manhattan ICE facility, contact legal services immediately.
Part 6: Legal Resources in New York
Make the Road New York: maketheroadny.org. Make the Road NY is the leading immigrant organizing and legal services organization in New York, with offices in Westchester, Long Island, Queens, Brooklyn, and Staten Island.
New York Immigration Coalition (NYIC): nyic.org. The NYIC coordinates New York's statewide immigrant advocacy infrastructure and can connect families with resources.
ACLU of New York / New York Civil Liberties Union (NYCLU): nyclu.org. The NYCLU monitors enforcement, immigration court conditions, and the new laws' implementation.
Office of Immigrant Trust (New York State AG): ag.ny.gov. Report violations of the 287(g) ban, ICE jail contract ban, sensitive location protections, mask ban, or data sharing prohibitions.
Legal Aid Society: legalaidnyc.org. The Legal Aid Society provides free civil and immigration legal services in New York City.
New York Legal Assistance Group (NYLAG): nylag.org. NYLAG provides immigration legal services across the state.
Vera Institute of Justice: vera.org. Vera has tracked ICE detention in New York county jails and has resources on the Dignity Not Detention changes.
EOIR Immigration Court Information Line: 1-800-898-7180.
ICE Detainee Locator: locator.ice.gov.
ICE Detention Reporting and Information Line: 1-888-351-4024.
Summary
New York enacted a comprehensive immigration protection package as part of the FY27 state budget, signed by Gov. Hochul on May 29, 2026. The package bans all 287(g) agreements between local law enforcement and ICE, bans local jails from holding ICE civil immigration detainees (with three months for existing contracts to be cancelled), requires judicial warrants for ICE access to sensitive locations including schools, hospitals, and churches, prohibits ICE agents from wearing masks in New York, bars non-police government employees from sharing personal information with ICE, bars local governments from funding immigration detention centers, and creates an Office of Immigrant Trust within the AG's office. The Green Light Law (2019) allowing standard driver's licenses regardless of immigration status remains in effect; a DOJ challenge was dismissed in December 2025.
What the package does not ban: informal cooperation between local police and ICE in criminal enforcement contexts. This carve-out was the central compromise in the negotiations and means that local police may still work with ICE when there is a crime, warrant, or evidence of criminal activity. For families in New York, the new laws end the formal jail pipeline and formal deputization of local officers, protect sensitive locations, and provide enforcement mechanisms through the Office of Immigrant Trust. Federal enforcement continues independently. Know your rights at the door, exercise the right to remain silent, use the ICE Detainee Locator if a family member is detained, and report violations of the new laws to the Office of Immigrant Trust or contact Make the Road New York.
Sources and verification: New York FY27 Budget Public Protection and General Government bill (signed May 29, 2026, incorporating New York for All Act and Dignity Not Detention Act provisions); Gov. Hochul announcement, 'Governor Hochul Signs Comprehensive Immigration Plan to Protect New Yorkers Against ICE,' May 29, 2026 (governor.ny.gov); NY State of Politics, 'Hochul Signs Measures to Limit ICE Cooperation,' May 29, 2026; Spectrum News, 'Hochul Signs Measures to Limit ICE Cooperation,' May 29, 2026; NY Focus, 'Albany Strikes a Deal on Immigration Protections,' May 22, 2026 (informal cooperation loophole; Nassau County 3,200 detained); Spectrum News, 'NY Legislature Approves Measures to Limit ICE Cooperation,' May 21, 2026; JURIST, 'New York State Limits Immigration Enforcement Activities,' May 2026; News10 Albany, 'Budget Bans Local ICE Contracts,' May 21, 2026 (county jail list: Orange, Broome, Allegany, Montgomery, Clinton, Niagara, Nassau, Rensselaer, St. Lawrence); NY Focus, 'Hochul Proposed Banning ICE Collaboration Contracts,' January 31, 2026 (Nassau County 3,000 detained in 2025; Village of Allegany police chief quote); City and State NY, 'Hochul Proposes Banning Local Cooperation with ICE,' January 30, 2026; People ex rel. Wells v. DeMarco, 168 A.D.3d 31 (2d Dep't 2018); U.S. District Court, Northern District of New York, November 2025 ruling upholding Cuomo executive order on state facility use; DOJ Green Light Law challenge dismissed, December 2025; Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: Federal litigation status on the new May 2026 laws (potential DOJ challenge); county jail contract wind-down compliance (three months from May 29 = approximately August 29, 2026); Office of Immigrant Trust operational status; ICE mask ban enforcement and any legal challenge. Last verified: June 2026.