In the age of President Donald Trump's tight immigration control, blue states appear to be in a competition for the most stringent sanctuary laws.
Last week, New York Gov. Kathy Hochul (D) signed a sweeping package of immigration laws as part of the FY 2027 state budget that bans state law enforcement departments from engaging in virtually all formal and informal cooperation with federal immigration enforcement agencies, including complying with U.S. Immigration and Customs Enforcement (ICE) detainer requests.
It also creates a right of action to sue federal immigration enforcement agents accused of not complying with New York's new law and prohibits ICE agents from wearing masks to protect their identity and safety.
The new state laws utilize the "anti-commandeering" doctrine, which permits the state to refuse to use its own local police and state resources to assist with or fund federal civil immigration enforcement.
Ira Mehlman, media director for the Federation for American Immigration Reform (FAIR), says Gov. Hochul seems to have forgotten about the Supremacy Clause of the U.S. Constitution, which mandates that federal law takes precedence over any conflicting state constitutions or state laws, binding state judges and officials to follow federal law instead.
"This obviously needs to be tested in the courts," Mehlman says of the package. "This wasn't even a standalone bill; this was inserted into the budget. Rather than stand up on the floor of the legislature in Albany, they just … put it into the state budget, and she signed it."
He says we have seen how releasing criminal aliens from custody endangers Americans.
"The people that New York refuses to turn over to federal immigration authorities, they don't necessarily have to stay in New York," the FAIR spokesman points out. "Laken Riley is a perfect example. Her murderer (José Antonio Ibarra, a 26-year-old Venezuelan man) was arrested in New York City on a serious charge. He was released, and Laken Riley, who lived in Georgia, wound up dead as a result."
He thinks Gov. Hochul, who is running for reelection in November, is will be held accountable for approving this..
"The people of New York will have a say," he tells AFN.
