New York Sheriffs Sue to Overturn ICE Cooperation Ban

A coalition of 15 New York county sheriffs has filed a federal lawsuit in the U.S. District Court for the Northern District of New York to overturn the Local Cops, Local Crimes Act. Signed by Governor Kathy Hochul on May 27 and effective as of August 25, 2026, the law prohibits local law enforcement from entering into agreements to perform civil immigration enforcement for U.S. Immigration and Customs Enforcement (ICE), specifically targeting Section 287(g) partnerships. The law also mandates that housing agreements for ICE detainees in local jails expire by November 25.

Represented by the Federation for American Immigration Reform, the plaintiffs argue the ban is unconstitutional and infringes upon the independence of elected sheriffs. Wayne County Sheriff Robert Milby and others assert that as independently elected constitutional officers, they possess the authority to determine how to cooperate with federal agencies. In contrast, Hochul stated the law prevents locally funded police from serving as de facto agents for the Trump administration's immigration agenda.

Legal tensions escalated on August 27 when the state filed a separate lawsuit in Rensselaer County Supreme Court to compel Sheriff Kyle Bourgault to terminate his agency's 287(g) agreement. State officials claim Bourgault's is the only remaining agreement among 12 that has not been dissolved. Hochul and Attorney General Letitia James have dismissed the sheriffs' federal challenge as a frivolous waste of taxpayer dollars.