New York Governor Kathy Hochul signed the “Local Cops, Local Crimes Act” in May, banning local sheriffs from cooperating with ICE and ending contracts that house federal detainees, and she dared critics to “bring it on” on the law’s August 25 effective date.
Sheriffs Challenge NY Immigration Law
The Federation for American Immigration Reform (FAIR) and 15 elected New York sheriffs filed a federal lawsuit on August 26, arguing the statute violates the Constitution, and a judge immediately ordered the state to show cause why the injunction should not be granted.
The sheriffs, who operate independently of Albany under the state constitution, say the law nullifies 287(g) agreements that let trained jail officers identify removable criminal aliens and hand them to ICE, and it voids long‑standing contracts that provide beds for federal detainees.
Rensselaer County Sheriff Kyle Bourgault, who has run a 287(g) program since 2018, turned nine individuals over to federal authorities, including a sex‑crime suspect from Ireland and two Venezuelan nationals linked to a Connecticut homicide, illustrating how the partnership removes dangerous offenders from local streets.
The statute also terminates contracts that let the U.S. Marshals Service and ICE use county facilities, costing Rensselaer County roughly $3.89 million in 2025 and Orange County millions more since 2008.
State officials have pressured sheriffs with pre‑enforcement letters and investigative demands, forcing Broome and Madison counties to issue termination notices they did not want to send.
In St. Lawrence County, the Board of Legislators voted 11‑to‑4 to approve a 287(g) partnership, but the governor’s administration overrode the local decision, preventing Sheriff Rick Engle from moving forward.
Legal scholars note that the Contracts Clause prohibits a state from impairing existing agreements, and the New York Constitution reserves sheriff appointments to county voters, making the law unconstitutional.
FAIR’s lawsuit seeks a preliminary injunction to freeze the law, preserve the contracts, and halt the state’s investigative campaign until the courts rule on the merits.
Governor Hochul argues the measure protects local resources, but the sheriffs’ brief shows the law forces release of convicted criminals rather than keep them in custody, turning public safety into a political slogan.
The case differs from the Justice Department’s parallel suit because it is brought by the officers directly affected and whose facilities face immediate disruption.
Mateo Forero, director of investigations at FAIR, said the sheriffs were elected to manage jails, not to be removed by legislation with a misleading title.
