Most of the formal cooperation agreements between local law enforcement agencies and U.S. Immigration and Customs Enforcement in New York were dissolved ahead of the state's ban going into effect on Tuesday,
Aug. 25, according to Gov. Kathy Hochul.
This comes about a month after warning letters were sent by the newly created state bureau within the state Attorney General's Office — the Office of Immigrant Trust — to the 12 local law enforcement agencies in the state with 287(g) agreements, informing them of the new state law requiring they be terminated by Aug. 25.
The change 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, however, are currently being challenged by the Trump administration.
Hochul said on Tuesday that two agencies have not informed the state of their compliance with the new law.
"Guess which ones," Hochul said, as two of the agencies are located within the county led by Hochul's Republican challenger in this year's governor's race, Nassau County Executive Bruce Blakeman.
However, as later confirmed by 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.
Here's what to know about the ban.
How Rensselaer and Nassau County officials are responding to the ban
In a statement posted to the Rensselaer County Facebook page on Monday, Aug. 24, Rensselaer County Executive Steve McLaughlin said the county will be part of a federal lawsuit set to be filed in the Northern District of New York "to protect our ability to be involved in the 287(g) program."
"We place a priority on protecting the health, safety and quality of life of the residents of Rensselaer County," the statement said. "That commitment means our county utilizes all responsible resources for law enforcement, including participation in the 287(g) program since 2018."
McLaughlin says their involvement in the program allows them to screen non-citizens brought into their county jail and "ensures a person wanted for a dangerous crime is not released into our communities and neighborhoods."
Sheriff Kyle Bourgault also shared a statement in the same Aug. 24 Facebook post, saying he "submitted an affidavit in support" of the planned federal lawsuit.
"We have yet to hear the Governor or Attorney General tell us how their action makes our state or Rensselaer County any safer," Bourgault said.
"I believe that when the facts of this case are heard and the political arguments are set aside, we will prevail," he added.
Nassau County officials have been a bit quieter about the ban, but Blakeman has previously said he would look into what he could do legally.
Which New York police agencies had 287(g) agreements in place?
A dozen agencies received the warning letters on July 24, according to the state, departments that span the state from western New York to Long Island:
- Allegany Village Police Department
- Broome County Sheriff's Office
- Camden Police Department
- Cattaraugus County Sheriff's Office
- Madison County Sheriff's Office
- Mohawk Village Police Department
- Nassau County Police Department
- Nassau County Sheriff's Office
- Niagara County Sheriff's Office
- Otsego County Sheriff's Office
- Rensselaer County Sheriff's Office
- Steuben County Sheriff's Office
On Tuesday, the governor said she admires the agencies that "never got involved in this."
"There was one before this year that participated in 287(g) agreements," Hochul added. "And then those who decided to jump on this particular year, you'd have to ask them why they needed to this year, especially when crime was going down."
What happens if a New York police agency doesn't comply with the new 287(g) agreement ban?
The state's new immigration enforcement restrictions, especially the 287(g) agreement ban, have been met with heavy resistance from officials all across the state and even at the federal level.
At the local level, during a visit to the state Capitol in late April, the New York State Sheriffs' Association sent a warning to state legislators, saying the restrictions "would impair the ability of Sheriffs to fulfill their Constitutional duty to protect the public."
And while Madison County Sheriff Todd Hood, who is running alongside Blakeman on the Republican gubernatorial ticket, previously said the ban would make "everyone less safe," his agency has since told the state it would comply.
Hochul and the Trump administration are currently involved in a legal battle over the new restrictions as the parties filed dueling lawsuits over both a ban on immigration agents wearing masks to hide their identities and the prohibition on 287(g) agreements in June. Earlier this month, a federal judge blocked only the mask ban while the case plays out.
For those that do refuse, though, Hochul says enforcement will be handled by the state Attorney General's Office.
"I presume that'll initially involve going to the courthouse, litigation," Hochul added.
According to a spokesperson for the state Attorney General's Office on Tuesday, their Office of Immigrant Trust "has issued subpoenas to law enforcement agencies who either did not confirm their plans to unwind their 287(g) agreements with ICE, or whose responses were unsatisfactory," which includes the following agencies:
- Broome County Sheriff's Office
- Steuben County Sheriff's Office
- Rensselaer County Sheriff's Office
- Nassau County Sheriff's Office
- Nassau County Police Department
"Let me be clear: any police department or sheriff's office that disobeys this law, that maintain any agreement with ICE, will face legal action," Hochul said. "And to those suing us, those trying to block the implementation of this law ... I say bring it on."
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: NY ICE agreement ban now in place. Why these agencies won't comply
