New York’s Ban on Local Immigration-Enforcement Agreements Sparks Legal Challenge

New York Governor Kathy Hochul announced on ‘Morning Joe’ that the state has prohibited formal civil immigration-enforcement agreements between local law enforcement and ICE. This decision redirects officers’ focus to local crime issues. Conversely, the Department of Homeland Security (DHS) remarked that this move compels more federal agents to be visible within communities, as 15 county sheriffs challenge the law in federal court.

A DHS spokesperson stated that when local law enforcement is barred from collaborating with DHS, federal agents need increased presence to apprehend criminals freed into communities. Seven of the top ten safest U.S. cities cooperate with ICE. The DHS criticized Governor Hochul and Attorney General Letitia James, accusing them of releasing violent criminals into the public, resulting in more crimes and victims.

DHS referenced five New York cases where noncitizens remained free despite ICE detainers related to severe charges such as attempted murder, rape, assault, weapons violations, or child endangerment. ICE later apprehended all five individuals, with one deported to Mexico, according to the department.

Governor Hochul defended the state’s ban on 287(g) agreements, emphasizing that local officers should prioritize local crime over civil immigration enforcement. Her office responded to DHS’s concerns, denying the attributed public safety consequences. A Hochul spokesperson stated that making New York State safer should not involve local law enforcement conducting civil immigration enforcement targeting families, children, and hardworking individuals. The law’s legality has been upheld by a federal court.

During the ‘Morning Joe’ interview, co-host Willie Geist questioned if ICE agreements were still possible with New York police forces. DHS warned the cessation of local ICE partnerships would result in a stronger federal presence in New York communities.

Governor Hochul stressed that entering these agreements is now illegal statewide. The Local Cops, Local Crimes Act, which came into effect, restricts state and local entities from establishing or upholding 287(g) agreements, which allowed trained local personnel to perform specific federal civil immigration functions under ICE supervision.

Hochul’s office clarified that this law doesn’t prevent jails from alerting ICE about deportable individuals in custody or transferring custody to ICE, subject to local laws. Corrections law also mandates the state Department of Corrections and Community Supervision to inform federal authorities when admitting a noncitizen into custody.

Fifteen New York county sheriffs have initiated a lawsuit against the Hochul administration, arguing that the law unlawfully restricts their ability to maintain federally sanctioned ICE agreements.

Rensselaer County Sheriff Kyle Bourgault, leading the federal lawsuit, contends the prohibition unlawfully undermines independently elected sheriffs’ authority and hinders federally authorized agreements. Rensselaer was the only one of 12 agencies with an active 287(g) agreement that hadn’t disclosed plans to dissolve the pact.

Attorney General Letitia James has taken legal action against Rensselaer County and its sheriff, seeking a court order to terminate the agreement. Her move represents the first case from the state’s newly established Office of Immigrant Trust.

Recently, a federal judge dismissed the Justice Department’s appeal for a preliminary injunction against the 287(g) ban in a separate lawsuit, allowing the enforcement deadline to proceed. The litigation continues, with the 15 sheriffs pursuing emergency relief in their new case.