ICE agents entered New York's courts 59 times last year

And the state took a first step to throttle data center energy demand.

Good afternoon — It’s Thursday and Darwin Day.

In today’s CapCon:

• New York is tracking ICE officer activity at courthouses but officials say they’re using another part of the justice system to make arrests instead.

• Energy and utility regulators took the first step Thursday to initiating Hochul’s plan to crack down on energy used by data centers and other large loads.

• New York’s highest court rejected a request from U.S. Rep. Nicole Malliotakis to fast-track an appeal over the redrawing of her district.

• A coalition of business and Asian American and Pacific Islander groups is pressuring lawmakers to support Hochul’s car insurance proposals.

• New York is advancing regulations to provide incentives for companies to build a new semiconductor manufacturing workforce.

• A new bill seeks to exempt commercial trucks from multiple congestion pricing charges per day.

Names in today’s CapCon: Kathy Hochul, Kevin Luteran, Joseph Zayas, Charles Lavine, Carl E. Heastie, Andrea Stewart-Cousins, Mark Jaffe, Nicole Malliotakis, Bennet Moskowitz, Jessica Scarcella-Spanton

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The New York Independent System Operator manages the state’s energy grid (NYISO)

⚡ Hochul’s plan for data centers to pay more for energy put in motion by the PSC

The growth of energy intensive data centers has become a top issue for Gov. Kathy Hochul and members of the state Legislature this year.

Some lawmakers have even proposed a moratorium on new data centers, citing the strain those facilities will place on the state’s power grid. That’s expected to leave less electricity for residential ratepayers, potentially driving costs higher.

But there are other large load developments also planned in New York, including large semiconductor facilities. More on that in Rules and Regs down further.

There is currently a backlog of 12 GW of electric load in the interconnection queue, according to Kevin Luteran at the state Department of Public Service.

“This means the amount of load in the queue is like adding another New York City to the grid,” Luteran said.

He was speaking at Thursday’s meeting of the state Public Service Commission, which regulates energy, utilities and telecommunications.

Hochul’s answer to that problem is a new initiative called Energize NY Development, for which the commission laid the groundwork on Thursday. Hochul announced the plan in January as part of her State of the State.

She wants to require data centers to pay higher rates for electricity to offset the higher costs anticipated for residential ratepayers. They could also supply their own energy under Hochul’s plan.

The commission voted to open a proceeding that’s intended to produce the details of the program sometime next year. A technical conference is expected to be held later this year with a final white paper due from state staff by next February.

One interesting part of the proceeding is the anticipated distinction between high-value loads — like semiconductor facilities that create jobs and spur economic development — and energy-dense loads — like data centers.

Energy-dense loads may face stricter scrutiny than high-value loads because they have a lesser economic benefit, according to the presentation to the commission.

But all of those projects will be required to pay for any upgrades required for the state energy grid for them to connect.

Public comment is open on the proceeding until April 13.

The commission also voted to approve new regulations under the RAPID Act, which involves permitting for major renewable energy and electric transmission facilities.

The regulations, staff said, could reduce permitting time for those projects by more than 50%. You can read them here.

Chief Administrative Judge Joseph Zayas (Will Waldron/Times Union)

⚖️ New York is tracking when ICE officers enter state courthouses

When an officer with U.S. Immigration and Customs Enforcement shows up at a state courthouse in New York, they have to identify themselves if they are armed or wearing law enforcement uniforms, for example. (It’s unclear what happens if federal agents enter a state courthouse in plainclothes and unarmed.)

Those who do identify themselves to court security officers allow state court officials to track every time one of those officers attempts to enter the facilities. Staff prepare an “unusual incident report” and ask the officer if they have a warrant for an arrest.

The Protect Our Courts Act, a state law in New York upheld by a federal judge in November, prohibits those officers from arresting immigrants in state courthouses unless they have a warrant signed by a judge. Otherwise, they can’t make an arrest.

Federal immigration officers entered courthouses in New York several times in 2025, according to Chief Administrative Judge Joseph Zayas, who testified before the state Legislature at a budget hearing Thursday.

And while arrests aren’t allowed there without a judicial warrant, another part of New York’s criminal justice system is being used as a means to that end instead, Zayas said.