New York ICE Cooperation Ban Takes Effect as Sheriffs Sue

A new state law barring local law enforcement from entering or maintaining civil immigration enforcement partnerships with federal authorities took effect on Tuesday in New York, sparking a federal lawsuit by more than a dozen county sheriffs and setting up legal confrontations with local officials.

The legislation, known as the Local Cops, Local Crimes Act, was signed by Democratic Gov. Kathy Hochul in May and prohibits local police agencies from assisting Immigration and Customs Enforcement on civil matters or housing immigration detainees.

Rensselaer County Sheriff Kyle Bourgault led a lawsuit filed Tuesday in U.S. District Court in Albany challenging the restriction, claiming the law unlawfully restricts elected sheriffs from executing federal immigration-enforcement agreements.

Rensselaer County Executive Steve McLaughlin criticized the state administration following the law's effective date.

"Today, Kathy Hochul escalated her administration’s war on the police and she expanded polices to put criminals before the citizens of New York," said Steve McLaughlin, Rensselaer County Executive.

Bourgault also questioned the safety implications of the new law in a separate public statement.

"We have yet to hear the governor or attorney general tell us how their action makes our state or Rensselaer County any safer. We are still waiting for an answer to that important question," said Kyle Bourgault, Rensselaer County Sheriff.

The state law requires existing civil immigration detention agreements to be terminated within three months, though local police remain fully permitted to assist federal agencies regarding violent crimes and non-immigration offenses.

Addressing local departments, Hochul warned that non-compliant counties face immediate legal consequences from the state.

"No county executive should think that they are above the law in the state of New York," said Kathy Hochul, Governor of New York.

Hochul reiterated the specific limits placed on local officers regarding immigration enforcement during her press conference.

"Local police will assist ICE only if a real crime has been committed, but on civil immigration matters, ICE is on their own," said Kathy Hochul, Governor of New York.

She defended the law's primary objective to redirect police resources toward local criminal enforcement.

"Because we need local cops hunting down criminals, not kindergartners. Breaking up drug rings, not breaking up families. Arresting gun runners, not grandmas," said Kathy Hochul, Governor of New York.

Hochul directly challenged those attempting to overturn the statute in court.

"And 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," said Kathy Hochul, Governor of New York.

The New York Attorney General’s Office of Immigrant Trust issued subpoenas to sheriff's offices in Broome, Steuben, Nassau, and Rensselaer counties, as well as the Nassau County Police Department, over compliance concerns.

Nassau County Executive Bruce Blakeman, a Republican candidate for governor who previously deputized 10 officers to work with federal immigration authorities, opposed the restrictions during a public event.

"Kathy Hochul, where do you want those guns? What neighborhood do you want to destroy? Where do you want those drugs?

What community do you want to destroy? Where do you want those illegal immigrants with criminal records to live? You want it back in New York?

We say no," said Bruce Blakeman, Nassau County Executive.

Blakeman later highlighted the importance of inter-agency cooperation in light of a recent thwarted attack at the state Capitol.

"When local and federal law enforcement work together, terrorists are caught before they can hurt innocent Americans," said Bruce Blakeman, Nassau County Executive.

He further argued that limiting federal partnerships creates safety risks for residents.

"This foiled plot is a powerful reminder that cooperation saves lives – and a wake-up call to Kathy Hochul that putting up walls between local and federal law enforcement doesn’t make New Yorkers safer; it puts families in danger," said Bruce Blakeman, Nassau County Executive.

A spokesperson for the Nassau County Police Department also expressed safety concerns regarding the state policy.

"This type of insanity leads to more crimes and more innocent victims," said Spokesperson, Nassau County Police Department.

Representatives for Hochul rejected the connection between the immigration law and broader public safety issues, noting that federal law enforcement solved the Capitol plot without ICE involvement.

"When Donald Trump tried to defund $187 million in (New York City Police Department) counterterrorism funding, Gov. Hochul got it back – and fought to keep New Yorkers safe while Bruce Blakeman didn’t lift a finger," said Ryan Radulovacki, Spokesperson for the Kathy Hochul Campaign.

State legislative leaders also weighed in on the law's impact following the thwarted attack.

"The announcement regarding an ISIS-inspired terrorist plot targeting our state Capitol building is not only disturbing, but reinforces why law enforcement at all levels must communicate and work together for the safety and well-being of New Yorkers," said Rob Ortt, New York State Senate Minority Leader.

Senate Democrats pushed back against claims that the law hampers law enforcement communication on criminal matters.

"A reminder it is so dangerous when people claim New York outlawed this cooperation to score points and scare people," said Mike Murphy, Spokesperson for the Senate Democrats.

Demonstrations took place in Mineola, where community organizers and state lawmakers rallied outside Nassau County police headquarters to demand compliance with the law.

"And though we passed these laws, we're not taking our foot off the gas. We know that implementation is where policies can go to die, and we will not let this happen," said Natalia Aristizabal, Representative for Make the Road New York.

Assembly Member Michaelle C. Solages expressed concerns over how civil enforcement affects local immigrant communities.

"I’m hoping that Blakeman isn’t politicizing this. These are people’s lives ... Folks are now afraid to call the police because they might be detained and deported," said Michaelle C. Solages, New York State Assembly Member.

Solages added that advocates would monitor local detention facilities to verify compliance.

"We plan to keep visiting the jail and see for ourselves ... They’re on notice. We are watching," said Michaelle C. Solages, New York State Assembly Member.

State Senator Andrew Gounardes criticized local officials who hesitate to adhere to the newly enacted statute.

"What is infuriating, most of all ... is when these law-and-order type people say, ‘You have to follow the law, you have to follow the law,’ unless it’s a law that they themselves don't want to follow. What kind of BS is that?" said Andrew Gounardes, New York State Senator.

The Attorney General's office confirmed it will file civil lawsuits against any non-compliant law enforcement agencies that fail to respond adequately to the issued subpoenas.