New York Sheriffs Sue Governor Hochul Over ICE Ban
Fifteen New York county sheriffs filed a federal lawsuit to overturn a state law banning formal cooperation agreements with U.S. Immigration and Customs Enforcement.
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 bans the use of local jails to house ICE detainees, with existing housing agreements set to expire on November 25.
The plaintiffs, represented by the Federation for American Immigration Reform, argue the ban is an unconstitutional overreach that violates the Contracts Clause and infringes upon the independence of elected sheriffs. They have petitioned for a temporary restraining order to preserve existing agreements, claiming the law jeopardizes public safety. In contrast, Hochul and Attorney General Letitia James have dismissed the lawsuit as a frivolous waste of taxpayer funds, asserting that local police should focus on community safety rather than serving as de facto ICE agents.
The legal conflict has escalated into mutual litigation. While the sheriffs challenge the statute's constitutionality, the state filed a separate lawsuit in Rensselaer County Supreme Court to compel Sheriff Kyle Bourgault to terminate his agency's 287(g) agreement, which the state claims is the only one of 12 that has not been dissolved. This battle follows a separate lawsuit filed by the U.S. Department of Justice against the state regarding the same statute.
