After months of intense advocacy, rallies, and public pressure aimed at supporting immigrant communities throughout New York, the New York for All Act has failed to secure a vote in either the State Senate or Assembly before the conclusion of this legislative session.
The proposed legislation seeks to prevent local and state law enforcement from collaborating with federal immigration authorities, specifically aiming to stop officers from sharing personal information, inquiring about individuals’ immigration status, or honoring ICE detainers unless legally mandated. Proponents argue that these measures are essential for protecting immigrant communities and fostering trust between them and law enforcement.
Luba Cortes, Immigration Lead Organizer with Make the Road New York (MTRNY), expressed the sentiment of many advocates when she voiced her disappointment about the bill’s failure to pass. “To not see a pass was very devastating for our community members who are experiencing raids,” Cortes remarked. “There are those who are afraid to go to the hospital because they think that ICE will target them. They are afraid to take their kids to school when they’ve seen ICE present outside of schools. This really was detrimental to our community members because we really wanted clear protections from the state.”
Cortes was one of the many activists who traveled to Albany this year to push for the bill, which seeks to limit cooperation between local law enforcement and federal immigration enforcement. As the legislative session drew to a close, she participated in a Stand Up Against ICE rally at Foley Square in Manhattan, hoping for a breakthrough.
Despite the setback, MTRNY and other organizations are urging Albany leadership to reconvene in a special session to revisit the New York for All Act. They argue that such a session would provide an opportunity to advance the bill before the year ends, especially with the next regular legislative session not scheduled until January 2026. “Time is ticking, and individuals are being persecuted by ICE,” Cortes warned.
Cortes also pointed out the existence of agreements with federal immigration authorities under the Immigration and Nationality Act Section 287(g). This allows law enforcement in certain counties, including Rensselaer, Nassau, Broome, and Niagara, to act essentially as ICE agents. Ending these agreements is seen as vital for ensuring the safety of immigrant communities.
“Immigrants deserve due process; they have constitutional rights,” said Cortes. She emphasized the importance of reminding immigrants of their rights, especially in light of reports of ICE activity around schools. She reiterated, “When we’re seeing ICE outside of schools, we want to let parents know that they have rights. They have the right to remain silent. They don’t have to consent to searches. And this is no way of violating the law. This is their constitutional right.”
In response to an increasing presence of ICE agents outside immigration courts, MTRNY staff have been accompanying community members to court hearings to act as a supportive legal and moral presence. However, Cortes reported that ICE agents have attempted to limit access for observers, which raises concerns about transparency and oversight. “So that they don’t see what is happening,” she mentioned.
Cortes shared a troubling incident involving a prominent mayoral candidate, Brad Lander, who was detained by ICE agents while accompanying an immigrant at a Manhattan immigration court. Despite being asked to show a judicial warrant, Lander was confronted by ICE agents, an episode that Cortes interpreted as a frightening display of power. “If we’re seeing people like Brad, who has a lot of civility and popularity, being manhandled by ICE agents, then what happens to the people in the court, that don’t have eyes on them?” she questioned, highlighting the disparities in protections for different individuals.
The proposed New York Trust Act was also discussed by Cortes, which aims to fortify legal protections for individuals detained under ICE detainers. The act would provide a mechanism for individuals to sue the city if their rights are violated by police or federal agents.
“It will make agents think twice before they violate, when they know that they can be sued,” Cortes remarked in support of the new legislation.
Increasingly, she pointed out the pervasive fear among immigrants in their daily lives. “Community members are really afraid of doing their daily routines,” Cortes noted. “They’re afraid to seek help. I’ve talked to the community who’ve shared, ‘I’d rather die than go to the hospital and be arrested by ICE.’ Because they’re just so terrified of being deported to other countries.”
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