New York Gov. Kathy Hochul has enacted a statewide ban on formal civil immigration-enforcement agreements between local law enforcement agencies and Immigration and Customs Enforcement (ICE), a move she states will allow local officers to concentrate on local crime. The Department of Homeland Security (DHS) has countered that the restriction will necessitate a more visible federal agent presence in New York communities.
The Local Cops, Local Crimes Act, signed into law in May and effective Tuesday, prohibits state and local entities from entering into or continuing 287(g) agreements. These agreements allow trained local personnel to perform specific federal civil immigration functions under ICE supervision.
Hochul asserted on MSNBC's "Morning Joe" that the ban is a necessary step to keep New York safer, arguing against the co-option of local law enforcement for civil immigration enforcement. Her office stated that a federal court has already upheld the law and that the state will continue to collaborate with federal and local authorities on combating violent offenders.
A DHS spokesperson expressed concern that the ban would force federal agents into communities to identify and apprehend individuals, including those released from local jails. The spokesperson pointed to five cases in New York involving noncitizens who, according to DHS, remained at large or were released despite ICE detainers after facing charges for offenses including attempted murder, rape, assault, weapons possession, or child endangerment. ICE later apprehended all five individuals, and one was removed to Mexico.
In response to the state's new law, 15 county sheriffs have filed a federal lawsuit. Led by Rensselaer County Sheriff Kyle Bourgault, the suit contends that the ban unlawfully infringes upon the authority of independently elected sheriffs and disrupts federally authorized agreements. The state has initiated its own legal action, with Attorney General Letitia James suing Rensselaer County and its sheriff to terminate the existing agreement, marking the first case filed by the state's new Office of Immigrant Trust.
A federal judge recently denied the Justice Department's request for a preliminary injunction against the 287(g) ban, allowing the state's deadline to take effect. That litigation remains ongoing, and the sheriffs involved are seeking emergency relief in their separate lawsuit.
Hochul's office clarified that the law does not prevent jails from notifying ICE about potentially deportable individuals in custody or transferring those lawfully in custody to the agency, provided local laws are followed. Existing state corrections law also mandates notification to federal immigration authorities when a noncitizen is taken into custody.