1. United States
  2. N.Y.
  3. Letter

Urgent: State Action Needed to Protect Civil Rights + Ensure ICE Accountability

To: Gov. Hochul, Assembly Member Gallagher, Sen. Salazar

From: A constituent in Brooklyn, NY

January 13

I am writing as a constituent to urge immediate state-level action in response to credible evidence that federal immigration enforcement is engaging in conduct that violates fundamental civil and constitutional rights. Recent reporting and litigation document ICE agents using excessive force, forcibly extracting individuals from vehicles absent necessity, and retaliating against observers and journalists. Courts have long held that noncompliance, including remaining in a vehicle, does not justify deadly force. ICE’s own use-of-force policies limit lethal force to situations involving an imminent threat of death or serious bodily harm. Conduct outside these bounds violates the Fourth Amendment and due process protections. Of equal concern is the refusal of federal authorities to investigate these incidents through normal Department of Justice civil rights channels. When federal oversight fails, states not only may act, they must. Although some incidents occurred outside New York, ICE operates extensively within our state. New Yorkers are directly affected by federal enforcement practices that chill First Amendment activity and normalize unconstitutional use of force. Civil rights do not stop at state lines, and state governments retain clear authority to protect residents from unlawful conduct within their borders. I am asking the Legislature to act now by: • Limiting or conditioning state and local cooperation with ICE when credible civil rights violations are alleged • Codifying statutory protections for the right to observe and record law enforcement activity • Requiring transparency and public reporting of ICE activity within New York, including use-of-force incidents • Affirming and expanding the authority of the New York Attorney General to investigate patterns and practices of federal misconduct and to pursue state or multi-state civil rights action I also want to be clear that if similar conduct occurs within New York, ICE must be held fully accountable under state law. Federal agents operating here are not exempt from constitutional limits or state oversight when unlawful force, vehicle extractions, or retaliation occur. New York must make clear that federal inaction will not shield civil rights violations within our state. This is not about obstructing federal law. It is about ensuring no agency operates above the Constitution and that state resources are not used to enable unlawful conduct. A functioning government depends on checks and balances. When one level abdicates responsibility, others must step in. I would appreciate a response outlining what actions you believe the Legislature can and should take in this moment.

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