Hochul backs measure allowing New Yorkers to sue ICE agents for constitutional violations

New York Gov. Kathy Hochul is supporting legislation that would allow state residents to sue ICE agents for violating their constitutional rights.

The governor said on Tuesday during her State of the State address that she wants to allow New Yorkers to “hold ICE agents accountable in court when they act outside the scope of their duties.”

“This doesn’t interfere with lawful enforcement or public safety,” Hochul said. “It simply affirms a core truth: Power does not justify abuse. And if someone’s constitutional rights are violated here in the state of New York, I say they deserve their day in court.”

Last year, New York State Sen. Brad Hoylman-Sigal and Assemblymember Micah Lasher proposed measures to allow private citizens to file lawsuits against federal officials who violate their constitutional rights.

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Lasher’s version cites Title 42, Section 1983 of the U.S. Code, which allows people to sue state and local officials for violating their rights. The proposal highlights that New York does not have a law in place allowing citizens to sue federal officials.

“Every day, ICE is terrorizing our communities & violating our civil rights. We must be able to hold them accountable,” Lasher, who is running for Congress, wrote on X, adding that he is glad Hochul is taking up his legislation.

Multiple states, including California, Massachusetts and New Jersey, have implemented similar laws allowing residents to sue federal officials.

Hochul also proposed other immigration guardrails, including a measure to require judicial warrants before ICE can conduct raids in sensitive locations like schools, churches and hospitals.

Earlier this year, the Trump administration reversed a Biden administration policy barring immigration arrests in these sensitive locations.

The governor also announced that New York “will not allow the use of state resources to assist in federal immigration raids on people who have not committed serious crimes.”

Department of Homeland Security spokeswoman Tricia McLaughlin alleged in a statement to The Hill that Hochul “continues to smear law enforcement who are simply enforcing the rule of law and are putting their lives on the line to remove violent criminals from New York.”

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McLaughlin also argued that there has been an increase in threats against federal law enforcement officers who she purports have shown “incredible restraint and professionalism in exhausting all options before any kind of non-lethal force is used.”

This debate has intensified after a recent incident in Minneapoliss, where Renee Nicole Good, a U.S. citizen, was fatally shot by an ICE agent during an enforcement action. Protests followed in multiple cities, and Democrats and local residents have condemned the shooting and urged charges against the agent.

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The Trump administration and Republican lawmakers have defended the incident by arguing that it was a justified shooting.

Officials are also investigating a second ICE-involved shooting that happened in Minneapolis on Wednesday, as the mayor continues to demand that the agency leave the city and state.