More than a dozen New York county sheriffs have initiated a federal lawsuit challenging a state law that prevents local law enforcement agencies from engaging in specific agreements with U.S. Immigration and Customs Enforcement (ICE) for civil immigration enforcement. Governor Kathy Hochul, who signed the legislation into effect, has publicly dared the law enforcement leaders to continue their legal challenge.
The federal complaint, spearheaded by Rensselaer County Sheriff Kyle Bourgault, asserts that the new state measure is unconstitutional. It argues that the law unlawfully restricts the authority of elected sheriffs to enter into federally sanctioned agreements related to immigration enforcement.
Rensselaer County Executive Steve McLaughlin commented on the situation, stating on Tuesday, "Today, Kathy Hochul escalated her administration’s war on the police and she expanded polices to put criminals before the citizens of New York."
New York's "Local Cops, Local Crimes Act" Takes Effect
The legislation, known as the Local Cops, Local Crimes Act, which Governor Hochul enacted in May, became effective on Tuesday. It explicitly forbids local and state law enforcement agencies from forming new partnerships with federal authorities to aid in civil immigration matters. Furthermore, the act prohibits new agreements for housing civil immigration detainees, requiring that all existing detention agreements be terminated according to their provisions within three months of the law's effective date.
While the law prevents local resources from being diverted to assist with civil immigration enforcement, particularly in efforts described as advancing a "mass deportation agenda," police are still permitted to aid ICE in cases involving violent or other non-immigration crimes.
Governor Hochul has signaled her intention to pursue legal action against any municipalities that decline to end their cooperation agreements with ICE. This stance sets the stage for a direct confrontation, notably with Nassau County Executive Bruce Blakeman, a Republican challenger, whose county is among those with existing ICE agreements.
"No county executive should think that they are above the law in the state of New York," Governor Hochul declared at a press conference on Tuesday.
She emphasized that any police department or sheriff’s office that disregards the new law and maintains an agreement with ICE will face legal repercussions. "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," the governor asserted.
Attorney General's Subpoenas and Local Pushback
In parallel, New York Attorney General Letitia James has issued subpoenas to several law enforcement agencies. These subpoenas targeted agencies that either did not confirm their plans to terminate their agreements or whose responses were deemed unsatisfactory by her office. The sheriff's offices in Broome, Steuben, Nassau, and Rensselaer counties, along with the Nassau County Police Department, received these subpoenas. A spokesperson for the Attorney General's office indicated that civil lawsuits would be filed if the agencies fail to comply.
Governor Hochul has consistently argued that law enforcement should only assist ICE when a "real crime has been committed," not on civil immigration matters. She articulated her rationale, stating, "Because we need local cops hunting down criminals, not kindergartners. Breaking up drug rings, not breaking up families. Arresting gun runners, not grandmas."
Nassau County Executive Bruce Blakeman, who held a press conference concurrently with Governor Hochul's, did not immediately confirm whether his county would adhere to the state's directives. However, he later informed a local publication that he would "probably" join the sheriffs' lawsuit. Blakeman has previously defended his county's collaboration with ICE to remove undocumented individuals, noting at a recent event that approximately 2,000 such individuals in his county had criminal records.
"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," Blakeman previously stated.
The Department of Homeland Security has also weighed in on the matter, urging Governor Hochul to "stop putting politics above public safety." A department spokesperson commented to a local news outlet that "This type of insanity leads to more crimes and more innocent victims."
