(The Center Square) – Gov. Kathy Hochul on Friday warned New York county sheriffs that they must end agreements with the Trump administration to hold migrants wanted on civil immigration detainers or face legal action by the state government.
In a letter to 14 sheriff offices, Hochul and Attorney General Letitia James said they should be “prepared to fully wind down any agreement that gives federal agents access to local jails” by a Nov. 25 deadline to comply with the state’s newly minted “Local Cops Local Crimes Act,” which bans 287(g) agreements with U.S. Immigration and Customs Enforcement officials.
“When I signed the Local Cops, Local Crimes Act into law, I made it clear that our local law enforcement should be focused on protecting New Yorkers and keeping dangerous criminals off our streets, not helping ICE carry out their aggressive deportation agenda,” Hochul said. “Allowing ICE to utilize our local jails for civil immigration detention does not make New York safer.”
The warning comes two days after a federal judge rejected a request from sheriffs to block a provision of the law requiring them to nullify agreements with ICE on civil immigration enforcement.
A ruling Wednesday by U.S. District Court judge Mae D’Agostino said sheriffs had not proven they have legal right to bring their constitutional claims against the state, citing a New York law that restricts the ability of local governments to challenge state laws on constitutional issues.
Sheriffs filed a lawsuit in August seeking to block the law, with their lawyers arguing in court filings that banning 287 (g) agreements with ICE is an illegal overreach by the state government that interferes with contractual agreements between counties and the federal government. They are expected to appeal the ruling.
While that lawsuit is still pending, James warned that sheriffs will face legal action from the state if they don’t comply with the new immigration law.
“Local officials should not be doing the work of federal immigration authorities,” James said in a statement. “New York passed the Local Cops, Local Crimes Act because taxpayer resources should be dedicated solely to keeping our communities safe. My office is providing guidance to help local officials understand their obligations under the law and ensure they meet the deadline.”
The letter from Hochul and James is the latest volley in the simmering fight over New York’s tough new immigration law, which also bans ICE agents from wearing masks and restricts ICE’s access to schools, churches, courthouses and other “sensitive” locations.
The U.S. Department of Justice has sued the state over the new law, and a federal judge has temporarily blocked the ban on ICE agents from wearing masks during immigration enforcement operations while legal fight plays out in court. James has filed a countersuit to uphold the law.
It was also an issue in the governor’s race, with GOP gubernatorial nominee and Nassau County Executive Bruce Blakeman and his running mate, Madison County Sheriff Todd Hood, supporting the ICE agreements and criticizing Hochul for failing to cooperate with federal immigration crackdowns. Blakeman was defeated in Tuesday’s election after Hochul won another term in office.
