New York Gov. Kathy Hochul is backing legislation that would allow New York residents to sue Immigration and Customs Enforcement agents in state court if they believe their constitutional rights have been violated during immigration enforcement actions, as reported by Fox News.
Hochul announced her support for the proposal Tuesday during her State of the State address, saying the measure would give New Yorkers a legal avenue to hold federal immigration agents accountable when they act outside their lawful authority.
“I want to allow New Yorkers to hold ICE agents accountable in court when they act outside the scope of their duties,” Hochul said.
Hochul endorses legislation to allow New Yorkers to sue ICE agents: ‘Power does not justify abuse’ https://t.co/ahsmauFkfb
— Fox News (@FoxNews) January 15, 2026
“This doesn’t interfere with lawful enforcement or public safety. 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.”
The legislation was originally proposed last year by New York State Sen. Brad Hoylman-Sigal and Assemblymember Micah Lasher.
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The measures would create a state-level cause of action allowing private citizens to sue federal officials, including ICE agents, for alleged constitutional violations.
Lasher’s version of the bill references Title 42, Section 1983 of the U.S. Code, which currently allows individuals to sue state and local officials for civil rights violations.
The proposal argues that New York law does not provide a similar mechanism for lawsuits against federal officials.
“Every day, ICE is terrorizing our communities & violating our civil rights. We must be able to hold them accountable,” Lasher wrote in a post on X, adding that he welcomed Hochul’s decision to support the legislation.
Several other states, including California, Massachusetts, and New Jersey, have enacted laws that allow residents to pursue civil claims against federal officials under certain circumstances.
In addition to endorsing the lawsuit provision, Hochul outlined other immigration-related policies she wants to advance.
Among them is a requirement that ICE obtain judicial warrants before conducting enforcement actions in what the state defines as sensitive locations, including schools, churches, and hospitals.
Earlier this year, the Trump administration reversed a Biden-era policy that restricted immigration arrests in those locations.
Hochul said New York would also refuse to use state resources to assist in federal immigration raids involving individuals who have not committed serious crimes.
The proposals drew criticism from the Department of Homeland Security.
DHS spokeswoman Tricia McLaughlin told 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.”
McLaughlin also said DHS has documented an increase in threats against federal law enforcement officers, arguing that ICE agents have shown “incredible restraint and professionalism in exhausting all options before any kind of non-lethal force is used.”
The debate has intensified following recent incidents in Minneapolis, where Renee Nicole Good, a U.S. citizen, was fatally shot by an ICE agent during an enforcement operation.
The shooting sparked protests in multiple cities, with Democrats and local residents calling for criminal charges against the agent involved.
The Trump administration and Republican lawmakers have defended the incident, arguing the shooting was justified under the circumstances.
Authorities are also investigating a second ICE-involved shooting that occurred in Minneapolis on Wednesday, as city officials continue to call for the agency to leave the city and the state.
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