Punishing Lawful Authority

A Valley Viewpoint Narrative

There’s a dangerous reflex taking hold in Albany: when something goes wrong somewhere else, lawmakers rush not to wait for facts, but to limit authority first and ask questions later.

After a fatal shooting involving a federal immigration agent in Minneapolis, New York legislators are now racing to impose new restrictions on U.S. Immigration and Customs Enforcement operating inside this state. The bills are framed as “accountability.” In practice, they read more like suspicion codified into law.

Here’s the uncomfortable starting point that too many advocates skip over: if ICE agents are acting lawfully, within their federal authority, and consistent with use-of-force standards, then these efforts are not reform. They are interference.

The Minneapolis incident is still under investigation. No court has ruled the agent acted unlawfully. No prosecutor has filed charges. No finding of misconduct has been issued. Yet Albany is already drafting legislation as if guilt were established fact. That should give anyone who believes in due process pause.

Several of the proposals now circulating would restrict how federal agents identify themselves, require public reporting dashboards of enforcement activity, bar the use of state or municipal property for civil immigration enforcement, and sharply limit cooperation between state officials and federal authorities. Supporters insist these measures are about transparency. But transparency is not neutral when it’s applied selectively and in response to political outrage rather than legal findings.

If a federal agent lawfully uses force in the line of duty, the remedy is not to rewrite state law to make that agent’s job harder the next time. The remedy is to let investigations run their course and hold individuals accountable if—and only if—the law demands it. Anything else is preemptive punishment.

There’s also a constitutional reality Albany can’t legislate away. Immigration enforcement is a federal responsibility. States are free to decline cooperation, but they are not free to obstruct lawful federal action through procedural roadblocks dressed up as oversight. At some point, these bills stop being about civil liberties and start being about political signaling.

What’s most striking is the assumption baked into the debate: that federal enforcement itself is the problem. Not misconduct. Not rogue behavior. The enforcement function. That’s a radical shift. It replaces the rule of law with the rule of narrative—where legitimacy depends less on legality and more on optics.

This isn’t about whether ICE should be above scrutiny. No agency should be. It’s about whether lawmakers are willing to acknowledge a basic principle: lawful authority should not be weakened simply because it is unpopular, controversial, or emotionally charged.

If an ICE agent breaks the law, prosecute the agent.

If an agency violates policy, reform the policy.

But if agents are acting within the law, then targeting the institution itself is not accountability—it’s capitulation to politics.

New York has every right to debate immigration policy. What it should not do is undermine lawful federal enforcement based on unresolved facts from another state. That path doesn’t lead to justice. It leads to selective enforcement, eroded authority, and a system where legality depends on who’s loudest at the moment.

And that’s a precedent no state should be eager to set.

Published by Ed Kowalski

Ed Kowalski is a Pleasant Valley resident, media voice, and policy-focused professional whose work sits at the intersection of law, public policy, and community life. Ed has spent his career working in senior leadership roles across human resources, compliance, and operations, helping organizations navigate complex legal and regulatory environments. His work has focused on accountability, risk management, workforce issues, and translating policy and law into practical outcomes that affect people’s jobs, livelihoods, and communities. Ed is also a familiar voice in the Hudson Valley media landscape. He most recently served as the morning host of Hudson Valley This Morning on WKIP and is currently a frequent contributor to Hudson Valley Focus with Tom Sipos on Pamal Broadcasting. In addition, Ed is the creator of The Valley Viewpoint, a commentary and narrative platform focused on law, justice, government accountability, and the real-world impact of public policy. Across broadcast and written media, Ed’s work emphasizes transparency, access to justice, institutional integrity, and public trust. Ed is a graduate of Xavier High School, Fordham University, and Georgetown University, holding a Certificate in Business Leadership from Georgetown. His Jesuit education shaped his belief that ideas carry obligations—and that leadership requires both discipline and moral clarity. He lives in Pleasant Valley.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.