New York State Bar Association Supports Governor Hochul’s Proposals To Protect New Yorkers’ Constitutional Rights

New York State Bar Association Supports Governor Hochul’s Proposals To Protect New Yorkers’ Constitutional Rights

2.3.2026

By Susan DeSantis

New York State Bar Association President Kathleen Sweet issued the following statement today:

“The New York State Bar Association commends Governor Hochul’s Sensitive Locations Protection Act, which safeguards New Yorkers’ constitutional rights from federal overreach. By ensuring that sensitive locations – including schools — are protected from warrantless civil immigration enforcement and establishing a state right of action for constitutional violations, we move closer to a society governed by the rule of law.

“In 2018, NYSBA called for the expansion of protections from ICE in sensitive locations. Governor’s Program Bill 19, the Sensitive Locations Protection Act, achieves this goal. New Yorkers must be able to obtain an education, put their children in daycare, receive medical treatment, visit houses of worship and access the justice system without the fear of being separated from their families and deported without due process.

“In 2021, NYSBA studied the issue of qualified immunity for state law enforcement actors, identifying the lack of meaningful avenues for redress as a key driver of unchecked official misconduct. The association recommended legislation that ensures constitutional claims are adjudicated on their merits rather than barred by procedural doctrines. Governor’s Program Bill 20, The New York State Bivens Act, supports this recommendation by establishing a state-law cause of action for constitutional violations committed by federal officials. The act restores parity with remedies available under 42 U.S.C. § 1983 and advances NYSBA’s call for accountability, transparency, and access to justice.

“We commend Governor Hochul for her proposals and call on the Legislature to pass them. While not included in the Governor’s legislative proposals, NYSBA again calls on New York State to enshrine the right to counsel in immigration proceedings and fully fund legal aid for New Yorkers who need it, which remains a legislative priority for the association.”