The Offices of New York State Attorney General Letitia James and Governor Kathy Hochul issued a joint guidance document for private and nonprofit entities like social services agencies and providers, houses of worship, medical and healthcare facilities, and other entities that provide community services and spaces, in evaluating how to respond to requests from federal immigration authorities while protecting the rights of their residents, clients, patients, members, and staff.
The guidance is intended to help staff members who work in “sensitive locations” answer questions like:
- Does my organization have to permit entry to an immigration official seeking access to an individual in the facility?
- What should my organization do to prepare for immigration authorities seeking access to facilities?
- How should staff respond to requests for information?
This guidance applies to private or nonprofit facilities and not to city or state-owned or leased buildings. State properties are subject to Executive Order 170.1. Separate guidance for school districts was also issued in January 2025.
In March 2025, the NYS Office of Children and Family Services issued guidance to providers to clarify what child care programs can expect during OCFS inspections and how to make their programs safe spaces for children. The letter states: “OCFS and its regular teams do not enforce immigration laws or work with immigration agents. Immigration agents will never accompany an OCFS inspector to your program.”
For additional information on supporting immigrants, see the Department of State’s Office of New Americans and the New York State Attorney General’s Immigrant Rights.
