More than a dozen New York sheriffs have filed a lawsuit challenging a new state law that restricts cooperation between local law enforcement and U.S. Immigration and Customs Enforcement (ICE), just as the law took effect Tuesday. The sheriffs contend the legislation, signed by Gov. Kathy Hochul in May, is unconstitutional and infringes upon their ability to make public safety decisions.
In response, Governor Hochul stated her administration will take legal action against any local governments that continue agreements with ICE, directly challenging the sheriffs who filed the suit. "To those suing us, those trying to block the implementation of this law who’ve tried before and failed, our law has already been upheld by the courts, but if you try me again, I say, ‘Bring it on,'" Hochul said at a press conference.
The law, known as the “Local Cops, Local Crimes Act,” aims to redirect local police resources toward criminal cases rather than civil immigration enforcement. Hochul argued that this focus is essential for public safety.
Legal Challenge
The lawsuit, led by Rensselaer County Sheriff Kyle Bourgault, argues that the law impedes local officials, particularly sheriffs, from fulfilling their duties. Rensselaer County Executive Steve McLaughlin criticized the governor, stating, "Today, Kathy Hochul escalated her administration’s war on the police and she expanded polices to put criminals before the citizens of New York."
Nassau County Executive Bruce Blakeman, a Republican, has been a vocal supporter of cooperation with ICE. His county had an agreement, known as a 278-g agreement, that set aside jail cells for federal immigration detainees. Blakeman indicated he might join the sheriffs' lawsuit, though he had not definitively stated whether he would comply with the new state mandate. His running mate, Madison County Sheriff Todd Hood, is among the plaintiffs.
New York Attorney General Letitia James' office has begun enforcement actions, issuing subpoenas to Nassau County and its police department for details on their ICE agreement. Subpoenas were also sent to sheriffs' offices in Broome, Steuben, and Rensselaer counties.
While officials in Broome and Steuben counties indicated they would end their agreements, Sheriff Bourgault emphasized that Rensselaer County's agreement primarily involves processing individuals already arrested within the county jail for potential immigration offenses, not actively seeking out undocumented immigrants. Most of the counties with 287-g agreements, he said, focus similarly on their jails.
Governor's Stance
Governor Hochul has maintained that banning local cooperation agreements with ICE is a necessary measure, citing backlash against federal immigration enforcement tactics and high-profile killings by ICE agents in other states. The Democratic-led state legislature supported the ban.
A spokesperson for the U.S. Department of Homeland Security stated that the state's refusal to honor ICE detainers has led to the release of nearly 7,000 immigrants with criminal records in New York, asserting that Hochul is prioritizing politics over public safety.