What is he charged with?

• Lander is facing a federal misdemeanor obstruction charge.
• The charge comes from a Sept. 18 sit-in/protest on the 10th floor of 26 Federal Plaza in Manhattan, where ICE uses holding rooms for immigrants.
• Prosecutors say he was blocking entrances/foyers/corridors while he and other elected officials tried to inspect the detention area to see if ICE was complying with a judge’s order on overcrowding and conditions. AP News

What deal did he refuse?

• Federal prosecutors offered an “adjournment in contemplation of dismissal” (ACD) style deal:
  • No guilty plea.
  • Case would be dropped in about six months if he stayed out of trouble on federal property.
• All or most of the other 10 elected officials arrested with him accepted that offer.
• Lander was the lone holdout and told reporters, “I want a trial.” ABC7 New York+1

Why does he say he wants a trial?

According to his public statement and reporting:

• He argues the “real crime” happened inside the detention area, not in the hallway where he was arrested.
• He says a trial will “bring to light” how ICE is treating people in those holding rooms and whether they’re complying with court-ordered limits on crowding, cleanliness, sleeping mats, etc. AP News+1
• It also fits his long pattern of civil-disobedience-style protests around immigration enforcement. The Forward+1

What’s the potential penalty?

• The charge carries a maximum of 30 days in federal jail if he’s convicted. AP News
• Realistically, for a first-time nonviolent misdemeanor of this type, outcomes often range from a fine or conditional discharge up to short jail, but that’s ultimately up to the judge if he’s found guilty.

How does this tie to his earlier ICE arrest?

• Back in June 2025, Lander was arrested by masked ICE agents at the same federal complex while linking arms with an immigrant who was being taken into custody; those earlier charges were dropped after big political backlash. The Guardian+2AP News+2
• The current case is separate: it’s about the September sit-in on the 10th floor detention area, not the June hallway arrest.

Midtown Tribune Independent USA news from New York

In a shocking turn of events that absolutely nobody on planet Earth could’ve predicted, Governor Kathy Hochul and Congressman Paul Tonko are dramatically clutching their pearls because the big bad Trump administration hasn’t yet wired $400 million of other people’s money so that 1.5 million New Yorkers can keep their thermostats cranked to “tropical paradise” without, you know, actually paying the bill themselves like the rest of the functioning adult world does every winter.
While normal humans simply budget for heat, turn the dial down two degrees, or (gasp) put on a sweater, New York’s political class is treating basic seasonal utility bills as if they’re some exotic human-rights crisis that only endless federal handouts can solve — because apparently the primary job of government isn’t roads, cops, or courts anymore, it’s playing Santa Claus with heating subsidies while simultaneously lecturing everyone about personal responsibility and climate change. Shocking, truly shocking, that in the year 2025 some Americans still expect to pay for the energy they consume instead of outsourcing their thermostat to Washington.

Governor Hochul and Representative Tonko Call on Trump Administration to Release Federal Heating Assistance for 1.5 Million New Yorkers

New York State Office of Temporary and Disability Assistance Commissioner Barbara C. Guinn said, “Households that rely on HEAP, most of whom include someone who is an older adult, young child or an individual with a disability, have already had to wait too long for this vital assistance as colder days and nights become more common. The delay by the federal government in releasing federal funding for HEAP has created an unacceptable amount of uncertainty for these households who must wait for financial assistance to help heat their homes during a time of rising energy prices. We thank Governor Hochul for her efforts to secure HEAP funding and help households reduce their energy costs.”

Demanding Release of Federal HEAP Funds

Due to the federal government shutdown, which has now ended after a record 43 days, New York’s ability to open its federally-funded HEAP program has been delayed by weeks. This federally funded program cannot begin receiving and processing applications or making payments until the federal government provides New York with the necessary funding. At Governor Hochul’s direction, the New York State Office of Temporary and Disability Assistance (OTDA) is taking all steps needed to prepare for the opening of the HEAP program for applications on November 24, pending receipt of federal funds, including programming HEAP payments.

If the Trump Administration does not release Federal grant funds for HEAP by November 24, the program opening will continue to be delayed. Governor Hochul’s actions ensure OTDA will be ready to open the program for applications within 48 hours of receiving the grant funds, so that New Yorkers can access their heating benefits as soon as possible.

“It’s shameful that the Trump Administration is threatening to make New Yorkers pay more for their heating bills this winter — and I’m demanding the immediate release of federal funds to help 1.5 million New Yorkers heat their homes.”

Governor Kathy Hochul

Urging More New Yorkers To Enroll in State’s EAP

The State’s EAP is separate from federal HEAP. The State’s EAP provides monthly discounts on energy bills throughout the year to households across New York. This program provides up to $500 in annual savings per household.

Eligibility for EAP is based on household income. For example, a family of four is eligible to enroll in EAP if they make up to $80,160 per year in household income. A family of five is eligible if they make up to $92,988 per year in household income.

The State’s EAP already serves approximately one million households statewide, but state officials estimate that approximately 1.5 million more households are eligible to enroll and receive discounts. New Yorkers can enroll in EAP directly through their local energy provider.

New Yorkers can visit ny.gov/EAP to learn more about eligibility and steps on how to enroll in the program.

Additionally, Governor Hochul is expanding income eligibility for the State’s EAP in 2026 to ensure that more households across New York can start receiving energy discounts in the coming year. The Governor will continue to update New Yorkers on this in the coming weeks.

Protecting EAP Discounts for New Yorkers

The delay in federal HEAP funds also threatened to disenroll many New Yorkers from their State EAP benefits. The Department of Public Service estimated this cruel action would lead to tens of thousands of customers being automatically disenrolled from receiving EAP benefits every month without State action. This is because most residential customers in EAPs are automatically enrolled in the program after their heating utility receives a HEAP grant on the customer’s behalf, which the utility credits to those customers’ utility bills. Generally, most utilities provide that those customers will remain enrolled in the utilities’ EAPs as long as they received a HEAP grant within the preceding 12 months.

The delay in federal funds for HEAP and concurrent loss of EAP bill discounts would make utility services far more expensive for those customers during the coming winter heating season. Temperatures across the state continue to grow colder, some days hitting levels below freezing, increasing the need for heating assistance to protect the health and safety of families and households statewide.

That’s why Governor Hochul took action earlier this month to ensure that New Yorkers struggling to pay their bills this winter will continue receiving EAP discounts regardless of Washington Republicans’ cruelty. Without the Governor’s action, thousands of those households would have automatically lost their November EAP discount, since enrollment in EAP is tied to enrollment in HEAP for many households across the state.

Representative Paul Tonko said, “HEAP provides a vital lifeline for countless families here in New York and across the nation who are still struggling to deal with rising costs for home heating and other basic necessities. The Trump administration’s failure to release funding for HEAP is yet another example of how Republicans have weaponized their government shutdown to hurt the working Americans suffering most from the affordability crisis Republicans created. While New York State is doing everything in its power to mitigate the damage from the GOP’s neglect, federal action remains essential to support families here in our Capital Region and beyond. Today, I’m proud to join Governor Hochul in demanding the Trump administration release these desperately needed funds immediately so New Yorkers can heat their homes this winter.”

State Senator Patricia Fahy said, “First we saw the federal government weaponize hunger, and now we’re seeing them weaponize the cold against working people and their families. New Yorkers that rely on HEAP will feel the effects of this just like those who rely on SNAP, and the federal government has a firm responsibility to release the funds needed for energy assistance. Temperatures continue to plummet, and New Yorkers are anxious. Thank you to Governor Hochul for addressing this problem with urgency and calling on the federal government to release federal heating assistance that New Yorkers desperately need.”

Assemblymember John T. McDonald III, RPh said, “HEAP is a critical program that helps families afford their energy bills. Unfortunately, this assistance is needed now more than ever as utility costs continue to rise for a variety of reasons. Now is not the time to delay support, it’s the time to expedite it. I fully support Governor Hochul’s call to accelerate this aid, especially as we’ve already experienced many cold nights, with temperatures only getting colder.”

Assemblymember Didi Barrett said, “HEAP helps more than 1.5 million New Yorkers keep their heat and lights on during the winter months. Due to the federal government shutdown, New York State is still waiting for the critical federal funding needed to begin processing HEAP applications. I stand with Governor Hochul in urging the Trump administration to immediately release our $400 million in HEAP funding to ensure heating fuel is delivered, avoid utility shut-offs, and protect the health and safety of our neighbors and families.”

Assemblymember Gabriella A. Romero said, “As temperatures drop, New Yorkers should not be left in the cold because the federal government refuses to release urgently needed heating assistance. The Trump Administration’s delay jeopardizes the safety of families across our state, especially low-income households and seniors who rely on HEAP to stay warm. I stand with Governor Hochul in demanding the immediate release of these federal dollars and in expanding access to state programs that help working families afford their energy bills.”

November 17, 2025

Albany, NY

Sources: Governor.ny.gov , Midtown Tribune news