More than a dozen New York state sheriffs have filed a lawsuit against two state leaders over a new state ban on formal cooperation agreements between local law enforcement agencies and U.S. Immigration and Customs Enforcement, citing the potential for "imminent and irreparable" harm.
The state's ban of 287(g) agreements went into effect on Tuesday, Aug. 25, and is part of the state's Local Cops, Local Crimes Act, a package of legislation included in this year's state budget aiming to limit state and local involvement in federal civil immigration enforcement. It was passed by the state Legislature and signed by Gov. Kathy Hochul in May. The restrictions are also being challenged by the Trump administration.
The lawsuit was filed Aug. 25 in the
U.S. District Court in Albany by an attorney for the Federation for American Immigration Reform against Hochul and New York Attorney General Letitia James. Plaintiffs includes sheriffs from 15 counties across New York.
Here's the latest.
Which sheriffs have signed on to the lawsuit?
The 12 agencies with 287(g) agreements in place in New York received warning letters from a newly created state bureau within the state Attorney General's Office — the Office of Immigrant Trust — on July 24. In the letters, the agencies were asked to provide information about the status of their pacts by Aug. 14.
Specifically, the office wanted to know if there were any ongoing cooperation activities with ICE and if the agencies had started to terminate their agreements ahead of the Aug. 25 deadline.
According to Hochul's office, three agencies in two counties have not signaled their compliance — the Nassau County Police Department, the Nassau County Sheriff's Office and the Rensselaer County Sheriff's Office. Only one of those agencies is part of the lawsuit, however.
These New York sheriffs are included in the lawsuit:
- Sheriff Patrick Engle of St. Lawrence County
- Sheriff Robert Milby of Wayne County
- Sheriff Fred Akshar of Broome County
- Sheriff Todd Hood of Madison County
- Sheriff Eric Butler of Cattaraugus County
- Sheriff Paul Arteta of Orange County
- Sheriff Peter Barnett of Jefferson County
- Sheriff Jeffrey Brown of Saratoga County
- Sheriff Michael Carpinelli of Lewis County
- Sheriff Jay Cook of Franklin County
- Sheriff Craig DuMond of Delaware County
- Sheriff Richard Giardino of Fulton County
- Sheriff Don Hilton of Oswego County
- Sheriff Brian Schenck of Cayuga County
- Sheriff Kyle Bourgault of Rensselaer County
The sheriffs argue that the ban creates an "irreversible public-safety risk" and forces agencies into a "non-cooperation posture with the federal government that places critical federal funding streams at immediate risk."
"Training and credentials cannot be rebuilt overnight," the complaint reads. "A voided agreement cannot be un-voided after a dangerous individual has already been released. Federal partners who view a facility as legally risky to use will not return. The loss of a sheriff's institutional independence, once overridden by state investigative coercion, cannot be redressed."
How the governor and attorney general are responding to the lawsuit
On Tuesday, Hochul acknowledged possible lawsuits in response to the ban by telling those who may sue the state to "bring it on."
And the state Office of Immigrant Trust issued subpoenas to the Broome County Sheriff's Office, Steuben County Sheriff's Office, Rensselaer County Sheriff's Office, Nassau County Sheriff's Office and Nassau County Police Department on Tuesday for either not confirming to dissolve their 287(g) agreements or providing "unsatisfactory" responses.
Following the sheriffs' lawsuit filing on Tuesday, Hochul and James released the following joint statement:
“As we have said from the start, the Local Cops, Local Crimes Act keeps New Yorkers safe by ensuring public safety resources go toward combating crime in our communities, not carrying out the work of ICE. The federal government claims they are going after the 'worst of the worst,' but every American has seen the reality: ICE is terrorizing communities and families with indiscriminate raids, detaining people without regard for criminal record, and using local law enforcement to deliver on the administration's mass deportation agenda.
“Many of the 12 entities with these agreements have complied without incident, and the vast majority of New York’s law enforcement agencies were already successfully protecting their communities without any collaboration with ICE. The claim that these sheriffs cannot do the same says more about them than it does about the law.
“This lawsuit is nothing but a frivolous waste of taxpayer dollars. The courts have already declined to block this law once, and we are confident they will do so again. In the meantime, we expect all law enforcement agencies in New York to uphold state law.”
Emily Barnes covers state government for the USA TODAY Network-New York with a focus on how policy and laws impact New Yorkers' taxes, communities and jobs. Follow her on Instagram or X @byemilybarnes. Get in touch at ebarnes@usatodayco.com.
This article originally appeared on Rockland/Westchester Journal News: 15 NY sheriffs sue Kathy Hochul, AG over new ICE agreement ban
