Albany, NY — The Trump administration says New York’s new restrictions on cooperation with federal immigration enforcement are having an unintended consequence: migrants arrested by U.S. Immigration and Customs Enforcement are now being transferred to detention facilities in other states because ICE can no longer house them in many New York county jails.
Speaking over the weekend, White House border czar Tom Homan criticized Gov. Kathy Hochul’s recently enacted immigration law, saying ICE will simply relocate detainees elsewhere rather than stop making arrests.
“Every illegal alien we arrest in New York, we’re going to simply fly out of state,” Homan said. “I’m perfectly fine with it, but don’t say you’re doing this to protect the immigrant community.”
New law ends ICE jail contracts
In May, Hochul signed legislation prohibiting state and local law enforcement agencies from renting jail space to ICE through Intergovernmental Service Agreements (IGSAs). The law also bars counties and municipalities from entering into new 287(g) agreements, which allow local officers to assist federal authorities with certain civil immigration enforcement activities.
The legislation further restricts the use of state and local personnel and taxpayer-funded resources for civil immigration enforcement.
Supporters of the law said it preserves trust between immigrant communities and local law enforcement by separating local policing from federal civil immigration enforcement.
ICE says detainees will be moved elsewhere
Homan argued the policy will not reduce ICE arrests but instead require the agency to transport detainees to facilities outside New York while they await immigration proceedings or deportation.
Critics of the law have said the policy could result in migrants being housed hundreds of miles from their attorneys and family members, making legal representation and family visitation more difficult.
Despite the new restrictions, the law does not prohibit cooperation between New York law enforcement agencies and federal authorities in criminal investigations or the apprehension of individuals wanted for criminal offenses.
Immigration debate continues
The dispute highlights the ongoing conflict between New York’s sanctuary-style immigration policies and the Trump administration’s efforts to expand immigration enforcement nationwide.
Federal immigration officials maintain they will continue making arrests in New York regardless of the state’s detention policies, while state leaders have defended the legislation as a safeguard against local involvement in civil immigration enforcement.
