Colorado Republican state Sen. Rod Pelton, left, and Senate President James Coleman, a Democrat, speak during the sixth day of the special legislative session in August 2025. Colorado is among the states using state funds to help residents buy health coverage on Obamacare exchanges. (Photo by Delilah Brumer/Colorado Newsline)

Ten Democratic-leaning states are using their own money to help people buy Obamacare health plans, at least partially replacing the federal tax credits that expired at the end of last year.

The state assistance, some of it offered through programs that existed before the federal subsidies expired, is helping hundreds of thousands of people lower their monthly premium payments, which otherwise would have surged to double or even triple what they were before the expiration of the federal aid. The savings can total hundreds of dollars per month.

But only New Mexico is completely filling the gap left by the expiration of the federal help by offering it to people of all incomes; for most Americans buying Obamacare plans, the end of the federal aid means much higher prices. And New Mexico and the other states that are trying to cushion the blow for their residents will face increasing budget pressures as health care costs continue their inexorable rise.

In addition to the expiration of the federal subsidies, the cost of Obamacare coverage has increased because of other factors, including labor shortages and the rising cost of prescription drugs, driven in part by the growing demand for GLP-1 drugs such as Ozempic and Wegovy.

The enhanced federal subsidies were made available by the American Rescue Plan Act in 2021 and later extended through the end of 2025 by the Inflation Reduction Act. Designed as a temporary pandemic-era measure, they helped boost the number of people buying health coverage from the insurance marketplaces created under the Affordable Care Act — Obamacare’s formal name — from 11.4 million people in 2020 to 24.3 million last year.

The enhanced subsidies were available to everyone, regardless of income. Additional federal aid provided to some of the lowest-income households entirely eliminated premium payments for some people.

Congressional leaders let the subsidies expire on Dec. 31. As of the end of last month, the number of people enrolled in marketplace coverage was down by about 1.2 million compared with last year, according to federal data.

Last year, the Congressional Budget Office estimated that the expiration of the federal subsidies would increase the number of people without insurance by 4.2 million by 2034.

Under the Affordable Care Act, each state can either use the federal government’s online insurance marketplace, HealthCare.gov, or operate its own state-run exchange. Only the 21 states plus the District of Columbia with state-run marketplaces can offer state-funded tax credits or subsidies, and at least 10 of them (California, Colorado, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, New York, Vermont and Washington) are doing so.

Matt McGough, a policy analyst at health care research group KFF, said many of the people who buy Obamacare plans “have fallen between the cracks of the health care system.”

“They might not work a job or work enough hours at a job to be eligible for health benefits. They are too young for Medicare. They make too much to be eligible for Medicaid, and they really have no other option but to go to the marketplace,” McGough said.

He warned that relatively healthy people are the ones most likely to forgo marketplace coverage rather than pay more for it. That will leave the exchanges with the people who have the greatest health needs, raising costs and premiums for everyone. To avoid that scenario, he said, states “want to be able to keep as many people in the marketplace as possible.”

A big commitment in New Mexico

In New Mexico, Democratic Gov. Michelle Lujan Grisham and state lawmakers earlier this year tapped the state’s 5-year-old Health Care Affordability Fund for an additional $17.3 million so they could entirely replace the expired federal subsidies through June 30 for all enrollees, regardless of income.

The vast majority of the 82,400 New Mexicans who buy coverage from the state marketplace are eligible for state help. Perhaps as a result, New Mexico is one of only a handful of states where the number of people buying Obamacare plans has increased this year: Enrollment is up 18% in New Mexico, while there have been single-digit increases in the District of Columbia, Maryland and Texas.

“We feel really great about having come together to really focus on these affordability challenges for New Mexicans, and really proud of the gains that we’ve made in coverage while we’re seeing losses elsewhere,” said Kari Armijo, cabinet secretary for the New Mexico Health Care Authority. She noted that a handful of Republican state lawmakers have joined Democrats in supporting the aid.

The money in New Mexico’s Health Care Affordability Fund comes from a 3.75% surtax levied on insurance companies. When the fund was created, the surtax was expected to generate about $165 million in new revenue annually.

Currently, the state uses nearly half of the revenue from the surtax to fund other parts of its budget. But the New Mexico House earlier this month approved a bill that would gradually increase the portion of the surtax allocated to the Health Care Affordability Fund, from the current 55% to 100% in 2028.

Legislative financial analysts recently questioned the long-term sustainability of that approach. Armijo acknowledged that continuing to replace the expired federal subsidies “will deplete the fund over time.”

“It is a pretty substantial amount of money, and it is going to strain the programs that we can provide with that funding,” Armijo said.

Paul Gessing, president of the Rio Grande Foundation, a conservative-leaning think tank in New Mexico, said the state is “flush with oil and gas money” now, enabling it to “spend money in ways that don’t make a great deal of sense for the population as a whole and instead benefits a small sliver of relatively well-off New Mexicans.”

Gessing said the state should focus on reducing health care spending by recruiting and retaining more doctors and nurses to lessen its shortage of providers and by overhauling medical malpractice laws.

“I don’t think the state should make it a practice to use state funds to fill in the gap when federal funding is shifted or eliminated,” Gessing said.

Other states

In California, where 1.9 million people were enrolled on the state’s exchange in 2025, enrollment is already down by 32% from last year, according to state figures.

The state has opted this year to spend $190 million to fully replace the lost federal subsidies for people earning up to 150% of the federal poverty level ($23,940 for an individual), and partially replace them for people making between 150% and 165% of the federal poverty level — just above eligibility for Medicaid in the state. About 390,000 enrollees are receiving the state-based subsidies this year.

Like New Mexico, California in 2021 created a Health Care Affordability Reserve Fund, funded through general revenue and penalties some people have to pay when they file their taxes.

The state budget Democratic Gov. Gavin Newsom proposed last month envisions a “modest projected deficit” of $2.9 billion for fiscal year 2026-2027, but that could grow to $22 billion the next year. California has a total annual budget of about $350 billion.

“Any amount of money that you can put into affordability is meaningful,” said Jessica Altman, executive director of California’s marketplace. “Thinking about those trade-offs is a challenging conversation, but an important one at the state level.”

In Colorado, the state is offering financial help through a new program called the Colorado Premium Assistance program. It came together during an August 2025 special session, when Colorado lawmakers approved up to $110 million this year to partially replace the federal subsidies. Help will be available to anyone making between 133% and 400% of the federal poverty level, or between $43,890 and $132,000 for a family of four.

“It is clear that this is a value for Coloradans. And having a state based marketplace like we do in Colorado, it really allows us to develop state-specific solutions and have our policies and changes driven by the needs of the people who live here,” said Nina Schwartz, chief policy and external affairs officer for Colorado’s marketplace.

Schwartz emphasized, however, that the state help won’t entirely replace the expired federal aid, and that as a result, the number of people buying coverage on the exchange is declining. Cancellations are up 83% compared with last year.

“We’re seeing an increase in the number of cancellations, with the number of people nearly doubling who canceled their plans during open enrollment compared to last year,” she said.

Other states also are opting for limited assistance. Connecticut, for example, is offering aid to households with incomes up to 200% of the federal poverty level, and the state announced it would spend $115 million in 2026 to partially offset the expiration of the federal subsidies.

Massachusetts has set aside $250 million to enhance its existing state subsidy program, helping to keep around 270,000 enrollees with incomes below 400% of the federal poverty level enrolled with stable premiums. As of early January, around 25,000 people in Massachusetts had already canceled their marketplace plans.

Maryland has a new premium assistance program that fully replaces the federal aid for enrollees earning below 200% of the federal poverty level and partly replaces it for those earning between 200% and 400% of the federal poverty level. Since last year, New York has offered help to marketplace enrollees with incomes up to 400% of the federal poverty level. And since 2023, Washington has offered state subsidies to anyone earning below 250% of the federal poverty level.

Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org. 

Federal agents in fatigues gather in Minneapolis last month. Health care workers in Minnesota and other states say ICE is increasing its presence in health care facilities, deterring people from seeking medical care. (Photo by Nicole Neri/Minnesota Reformer)

Last month, the parents of a 7-year-old girl whose nose wouldn’t stop bleeding took her to Portland Adventist Health in Portland, Oregon, for urgent care. Before the family could get through the doors, federal immigration agents reportedly detained them in the parking lot and took them to a detention center in Texas.

At Hennepin County Medical Center in Minneapolis, workers say U.S. Immigration and Customs Enforcement officers hang around the campus, asking patients and employees for proof of citizenship. Last month, tensions came to a head when ICE agents used handcuffs to shackle a 31-year-old Mexican immigrant to his hospital bed. ICE claimed the man, who had broken bones in his face and a fractured skull, had run headfirst into a wall on purpose while handcuffed and trying to flee.

And last summer, ICE agents chased an immigrant into the Ontario Advanced Surgery Center in Ontario, California, precipitating a confrontation with two surgery center workers wearing scrubs. The two workers were later indicted by a federal grand jury, charged with assaulting and interfering with federal immigration officers.

As the Trump administration intensifies its immigration crackdown, health care workers in multiple states say ICE is increasing its presence in health care facilities, deterring people from seeking medical care and creating chaos that jeopardizes the safety of their patients.

Even before Trump took office last year, Republican-led states such as Florida and Texas began mixing health care and immigration enforcement by requiring hospitals to ask patients about their immigration status. Now that ICE has extended its enforcement activities to hospitals and health care facilities — areas that were largely off-limits during the Biden administration — an increasing number of Democratic-led states are pushing back.

Last month, Massachusetts Democratic Gov. Maura Healey filed legislation “to keep ICE out of courthouses, schools, child care programs, hospitals and churches,” and signed an executive order to limit ICE actions on state-owned property.

In December, Illinois Democratic Gov. JB Pritzker signed a measure that bars health care providers from sharing sensitive health information with federal immigration agents and requires hospitals to develop policies around how they will interact with agents.

And in September, California Democratic Gov. Gavin Newsom signed legislation that makes immigration status and place of birth protected health information, and prohibits agents from entering nonpublic, patient-sensitive areas of health care facilities without a warrant signed by a judge.

Other Democratic states — including Maine, New Jersey, New York, Oregon and Washington — are considering similar bills.

Meanwhile, Republican lawmakers in Arizona are pushing legislation that would require hospitals accepting Medicaid patients to include a question on intake forms about immigration status.

Skipping medical care

Whether or not ICE presence is actually increasing at health care facilities, it’s clear that people living in the country illegally are being deterred from seeking medical care, said Drishti Pillai, director of immigrant health policy at the health policy research group KFF.

A KFF and New York Times survey released last November showed that 43% of respondents identifying as immigrant parents living in the country illegally skipped or delayed health care for their children over a 12-month period because they were concerned about immigration enforcement. Even among lawfully present immigrants,10% said that they avoided seeking medical care for their children due to immigration-related concerns.

Pillai also pointed to the Trump administration’s efforts to consolidate the bits of personal data held across federal agencies, creating a single trove of information on people who live in the United States.

“We are expecting that these fears have further been exacerbated this year since the data sharing agreement was made public, and there are certain concerns around privacy of data going forward,” Pillai told Stateline.

Dr. Paula Latortue, an OB-GYN in Washington, D.C., who volunteers with the Migrant Clinicians Network, a nonprofit group that provides health care to immigrants, said it’s unclear how many people are avoiding health care, and how often.

“The one part that is really hard to know is people who are not showing up to the hospital when they usually would for some sort of urgent or emergency complaint,” Latortue said in an interview. “But I think there’s a concern for many physicians in the community that has happened.”

States step in to protect sensitive locations

The Biden and Obama administrations directed ICE to avoid enforcement activities in “sensitive” places such as hospitals, schools and churches unless it received permission from top leaders at the U.S. Department of Homeland Security.

In January 2025, however, the Trump administration rescinded those guidelines, opening up these spaces to immigration enforcement.

Stateline reached out to the White House and the Department of Homeland Security multiple times but did not receive a response. When the administration changed the guidelines, the Department of Homeland Security said that opening up “sensitive” areas to agents “empowers the brave men and women in CBP [Customs and Border Protection] and ICE to enforce our immigration laws.”

The previous guidelines didn’t prohibit ICE from operating in those locations, but it did “strongly discourage” them, according to Sophia Genovese, a legal fellow specializing in immigration law at Georgetown University.

She added, however, that states and cities can enact laws to protect such spaces, even though they are limited in their capacity to “infringe and engage in immigration lawmaking.”

“Warrants are always needed to conduct searches or investigations in private, nonpublic areas, and these warrants need to be signed by a judge. This is just a basic Fourth Amendment right,” Genovese said. “When it comes to ICE entering hospitals and gaining access to private areas of hospitals, that’s an issue of individual hospital policy.”

Genovese said states also can require that hospitals standardize their policies on where law enforcement agents can go within a medical facility and create protocols to ensure agents are presenting a warrant before entering the premises.

Health care workers want protections

Those moves are exactly what health care workers in many states are asking for.

“There’s a high level of fear and anxiety. Nurses see the videos of what’s happening around the country, and nurses have experienced it themselves,” Peter Starzynski, spokesperson for the Oregon Nurses Association, told Stateline.

Last month’s incident involving the 7-year-old girl and her parents in Portland highlighted the importance of protecting health care spaces from ICE, he said.

“That should never happen. That’s disgusting,” Starzynski said.

The Oregon Nurses Association also has condemned ICE’s presence at Legacy Emanuel Medical Center in Portland, claiming agents are violating hospital policies, including on access to patients. Legacy has disputed the union’s allegations, saying that no ICE officers have entered its facilities “unless accompanying a patient in custody.”

“Nurses in emergency rooms deal with local law enforcement on a regular basis, and those relationships are built on mutual respect, where law enforcement understands what they need to do once they enter a hospital,” Starzynski said. “That has changed with the increase in federal agents in Oregon.”

Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.

A young woman asks AI companion ChatGPT for help this month in New York City. States are pushing to prevent the use of artificially intelligent chatbots in mental health to try to protect vulnerable users. (Photo by Shalina Chatlani/Stateline)

Editor’s note: If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988. There is also an online chat at 988lifeline.org.

States are passing laws to prevent artificially intelligent chatbots, such as ChatGPT, from being able to offer mental health advice to young users, following a trend of people harming themselves after seeking therapy from the AI programs.

Chatbots might be able to offer resources, direct users to mental health practitioners or suggest coping strategies. But many mental health experts say that’s a fine line to walk, as vulnerable users in dire situations require care from a professional, someone who must adhere to laws and regulations around their practice.

“I have met some of the families who have really tragically lost their children following interactions that their kids had with chatbots that were designed, in some cases, to be extremely deceptive, if not manipulative, in encouraging kids to end their lives,” said Mitch Prinstein, senior science adviser at the American Psychological Association and an expert on technology and children’s mental health.

“So in such egregious situations, it’s clear that something’s not working right, and we need at least some guardrails to help in situations like that,” he said.

While chatbots have been around for decades, AI technology has become so sophisticated that users may feel like they’re talking to a human. The chatbots don’t have the capacity to offer true empathy or mental health advice like a licensed psychologist would, and they are by design agreeable — a potentially dangerous model for someone with suicidal ideations. Several young people have died by suicide following interactions with chatbots.

States have enacted a variety of laws to regulate the types of interactions chatbots can have with users. Illinois and Nevada have completely banned the use of AI for behavioral health. New York and Utah passed laws requiring chatbots to explicitly tell users that they are not human. New York’s law also directs chatbots to detect instances of potential self-harm and refer the user to crisis hotlines and other interventions.

More laws may be coming. California and Pennsylvania are among the states that might consider legislation to regulate AI therapy.

President Donald Trump has criticized state-by-state regulation of AI, saying it stymies innovation. In December, he signed an executive order that aims to support the United States’ “global AI dominance” by overriding state artificial intelligence laws and establishing a national framework.

Still, states are moving ahead. Before Trump’s executive order, Florida Republican Gov. Ron DeSantis last month proposed a “Citizen Bill of Rights For Artificial Intelligence” that, among many other things, would prohibit AI from being used for “licensed” therapy or mental health counseling and provide parental controls for minors who may be exposed to it.

“The rise of AI is the most significant economic and cultural shift occurring at the moment; denying the people the ability to channel these technologies in a productive way via self-government constitutes federal government overreach and lets technology companies run wild,” DeSantis wrote on social media platform X in November.

‘A false sense of intimacy’

At a U.S. Senate Judiciary Committee hearing last September, some parents shared their stories about their children’s deaths after ongoing interactions with an artificially intelligent chatbot.

Sewell Setzer III was 14 years old when he died by suicide in 2024 after becoming obsessed with a chatbot.

“Instead of preparing for high school milestones, Sewell spent his last months being manipulated and sexually groomed by chatbots designed by an AI company to seem human, to gain trust, and to keep children like him endlessly engaged by supplanting the actual human relationships in his life,” his mother, Megan Garcia, said during the hearing.

Another parent, Matthew Raine, testified about his son Adam, who died by suicide at age16 after talking for months with ChatGPT, a program owned by the company OpenAI.

“We’re convinced that Adam’s death was avoidable, and because we believe thousands of other teens who are using OpenAI could be in similar danger right now,” Raine said.

Prinstein, of the American Psychological Association, said that kids are especially vulnerable when it comes to AI chatbots.

“By agreeing with everything that kids say, it develops a false sense of intimacy and trust. That’s really concerning, because kids in particular are developing their brains. That approach is going to be unfairly attractive to kids in a way that may make them unable to use reason, judgment and restraints in the way that adults would likely use when interacting with a chatbot.”

The Federal Trade Commission in September launched an inquiry into seven companies making these AI-powered chatbots, questioning what efforts are in place to protect children.

​​“AI chatbots can effectively mimic human characteristics, emotions, and intentions, and generally are designed to communicate like a friend or confidant, which may prompt some users, especially children and teens, to trust and form relationships with chatbots,” the FTC said in its order.

Companies such as OpenAI have responded by saying that they are working with mental health experts to make their products safer and to limit chances of self-harm among its users.

“Working with mental health experts who have real-world clinical experience, we’ve taught the model to better recognize distress, de-escalate conversations, and guide people toward professional care when appropriate,” the company wrote in a statement last October.

Legislative efforts

With action at the federal level in limbo, efforts to regulate AI chatbots at the state level have had limited success.

Dr. John “Nick” Shumate, a psychiatrist at the Harvard University Beth Israel Deaconess Medical Center, and his colleagues reviewed legislation to regulate mental health-related artificial intelligence systems across all states between January 2022 and May 2025.

The review found 143 bills directly or indirectly related to AI and mental health regulation. As of May 2025, 11 states had enacted 20 laws that researchers found were meaningful, direct and explicit in the ways they attempted to regulate mental health interactions.

They concluded that legislative efforts tended to fall into four different buckets: professional oversight, harm prevention, patient autonomy and data governance.

“You saw safety laws for chatbots and companion AIs, especially around self-harm and suicide response,” Shumate said in an interview.

New York enacted one such law last year that requires AI chatbots to remind users every three hours that it is not a human. The law also requires the chatbot to detect the potential of self-harm.

“There’s no denying that in this country, we’re in a mental health crisis,” New York Democratic state Sen. Kristen Gonzalez, the law’s sponsor, said in an interview. “But the solution shouldn’t be to replace human support from licensed professionals with untrained AI chatbots that can leak sensitive information and can lead to broad outcomes.”

In Virginia, Democratic Del. Michelle Maldonado is preparing legislation for this year’s session that would put limits on what chatbots can communicate to users in a therapeutic setting.

“The federal level has been slow to pass things, slow to even create legislative language around things. So we have had no choice but to fill in that gap,” said Maldonado, a former technology lawyer.

She noted that states have passed privacy laws and restrictions on nonconsensual intimate images, licensing requirements and disclosure agreements.

New York Democratic state Sen. Andrew Gounardes, who sponsored a law regulating AI transparency, said he’s seen the growing influence of AI companies at the state level.

And that is concerning to him, he said, as states try to take on AI companies for issues ranging from mental health to misinformation and beyond.

“They are hiring former staffers to become public affairs officers. They are hiring lobbyists who know legislators to kind of get in with them. They’re hosting events, you know, by the Capitol, at political conferences, to try to build goodwill,” Gounardes said.​​

“These are the wealthiest, richest, biggest companies in the world,” he said. “And so we have to really not let up our guard for a moment against that type of concentrated power, money and influence.”

Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.

A police officer uses the Flock Safety license plate reader system. Many left-leaning states and cities are trying to protect their residents’ personal information amid the Trump administration's immigration crackdown, but a growing number of conservative lawmakers also want to curb the use of surveillance technologies. (Photo courtesy of Flock Safety)

As part of its deportation efforts, the Trump administration has ordered states to hand over personal data from voter rolls, driver’s license records and programs such as Medicaid and food stamps.

At the same time, the administration is trying to consolidate the bits of personal data held across federal agencies, creating a single trove of information on people who live in the United States.

Many left-leaning states and cities are trying to protect their residents’ personal information amid the immigration crackdown. But a growing number of conservative lawmakers also want to curb the use of surveillance technologies, such as automated license plate readers, that can be used to identify and track people.

Conservative-led states such as Arkansas, Idaho and Montana enacted laws last year designed to protect the personal data collected through license plate readers and other means. They joined at least five left-leaning states — Illinois, Massachusetts, Minnesota, New York and Washington — that specifically blocked U.S. Immigration and Customs Enforcement from accessing their driver’s license records.

In addition, Democratic-led cities in Colorado, Illinois, Massachusetts, New York, North Carolina, Texas and Washington last year terminated their contracts with Flock Safety, the largest provider of license plate readers in the U.S.

The Trump administration’s goal is to create a “surveillance dragnet across the country,” said William Owen, communications director at the Surveillance Technology Oversight Project, a nonprofit that advocates for stronger privacy laws.

“We’re entering an increasingly dystopian era of high-tech surveillance,” Owen said. Intelligence sharing between various levels of government, he said, has “allowed ICE to sidestep sanctuary laws and co-opt local police databases and surveillance tools, including license plate readers, facial recognition and other technologies.”

A new Montana law bars government entities from accessing electronic communications and related material without a warrant. Republican state Sen. Daniel Emrich, the law’s author, said “the most important thing that our entire justice system is based on is the principle against unlawful search and seizure” — the right enshrined in the Fourth Amendment to the U.S. Constitution.

“It’s tough to find individuals who are constitutionally grounded and understand the necessity of keeping the Fourth Amendment rights intact at all times for all reasons — with minimal or zero exceptions,” Emrich said in an interview.

ICE did not respond to Stateline’s requests for comment.

Automated license plate readers

Recently, cities and states have grown particularly concerned over the use of automated license plate readers (ALPRs), which are high-speed camera and computer systems that capture license plate information on vehicles that drive by. These readers sit on top of police cars and streetlights or can be hidden within construction barrels and utility poles.

Some cameras collect data that gets stored in databases for years, raising concerns among privacy advocates. One report from the Brennan Center for Justice, a progressive think tank at New York University, found the data can be susceptible to hacking. Different agencies have varying policies on how long they keep the data, according to the International Association of Chiefs of Police, a law enforcement advocacy group.

Supporters of the technology, including many in law enforcement, say the technology is a powerful tool for tracking down criminal suspects.

Flock Safety says it has cameras in more than 5,000 communities and is connected to more than 4,800 law enforcement agencies across 49 states. The company claims its cameras conduct more than 20 billion license plate reads a month. It collects the data and gives it to police departments, which use the information to locate people.

Holly Beilin, a spokesperson for Flock Safety, told Stateline that while there are local police agencies that may be working with ICE, the company does not have a contractual relationship with the agency. Beilin also said that many liberal and even sanctuary cities continue to sign contracts with Flock Safety. She noted that the cameras have been used to solve some high-profile crimes, including identifying and leading police to the man who committed the Brown University shooting and killed an MIT professor at the end of last year.

“Agencies and cities are very much able to use this technology in a way that complies with their values. So they do not have to share data out of state,” Beilin said.

Pushback over data’s use

But critics, such as the American Civil Liberties Union, say that Flock Safety’s cameras are not only “giving even the smallest-town police chief access to an enormously powerful driver-surveillance tool,” but also that the data is being used by ICE. One news outlet, 404 Media, obtained records of these searches and found many were being carried out by local officers on behalf of ICE.

Last spring, the Denver City Council unanimously voted to terminate its contract with Flock Safety, but Democratic Mayor Mike Johnston unilaterally extended the contract in October, arguing that the technology was a useful crime-fighting tool.

The ACLU of Colorado has vehemently opposed the cameras, saying last August that audit logs from the Denver Police Department show more than 1,400 searches had been conducted for ICE since June 2024.

“The conversation has really gotten bigger because of the federal landscape and the focus, not only on immigrants and the functionality of ICE right now, but also on the side of really trying to reduce and or eliminate protections in regards to access to reproductive care and gender affirming care,” Anaya Robinson, public policy director at the ACLU of Colorado.

“When we erode rights and access for a particular community, it’s just a matter of time before that erosion starts to touch other communities.”

Jimmy Monto, a Democratic city councilor in Syracuse, New York, led the charge to eliminate Flock Safety’s contract in his city.

“Syracuse has a very large immigrant population, a very large new American population, refugees that have resettled and been resettled here. So it’s a very sensitive issue,” Monto said, adding that license plate readers allow anyone reviewing the data to determine someone’s immigration status without a warrant.

“When we sign a contract with someone who is collecting data on the citizens who live in a city, we have to be hyper-focused on exactly what they are doing while we’re also giving police departments the tools that they need to also solve homicides, right?” Monto said.

“Certainly, if license plate readers are helpful in that way, I think the scope is right. But we have to make sure that that’s what we’re using it for, and that the companies that we are contracting with are acting in good faith.”

Emrich, the Montana lawmaker, said everyone should be concerned about protecting constitutional privacy rights, regardless of their political views.

“If the government is obtaining data in violation of constitutional rights, they could be violating a whole slew of individuals’ constitutional rights in pursuit of the individuals who may or may not be protected under those same constitutional rights,” he said.

Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.