Gov. Andrew Cuomo announced Tuesday that New York is one of 17 states suing the Trump administration for separating families that crossed the southern border.

The suit claims the Trump administration violated the constitutional due process rights of both the parents and children. It also claims that the policy violated the 1997 Flores Settlement, which requires the government to release children from immigration detention without delay to their parents, relatives or licensed programs -- and to keep them in the least restrictive environment. The suit also states this was clearly outrageous government conduct. 

"That's not just illegal, that really violates our basic principles of humanity and compassion," says Cuomo.

MORE: Cuomo calls for investigation into separation of families at border 

Immigration advocates say what's happening does not represent the land of the free. 

"Hopefully with this suit, the Trump administration can start thinking and working with Congress together to find a humane resolution for the families deported," says Luis Yumbla, an immigration advocate for the Hudson Valley Community Coalition.

Gov. Cuomo says he will keep fighting, but real change will happen at the polls. Cuomo is also calling on the Trump administration to end the gag order that has been placed on contracted facilities so they can send relief to the children.