New York’s Ban on ICE Agreements Sparks Federal Court Challenge

New York Governor Kathy Hochul recently appeared on ‘Morning Joe’ to discuss the state’s decision to ban formal civil immigration enforcement agreements between local law enforcement and Immigrations and Customs Enforcement (ICE). Hochul argued that this ban aims to shift the focus of officers towards local crime rather than civil immigration enforcement.

In response, a Department of Homeland Security (DHS) spokesperson expressed concern that the restriction would necessitate a more visible presence of federal agents in communities. This comes as 15 county sheriffs have legally challenged the new law in federal court. The spokesperson emphasized that local law enforcement cooperation with ICE contributes to public safety, citing several of the safest cities in the U.S. that maintain such partnerships.

“When politicians bar local law enforcement from working with DHS, our law enforcement officers have to have a more visible presence so that we can find and apprehend the criminals let out of jails and back into communities,” the DHS spokesperson said. “Seven of the top 10 safest cities in the United States cooperate with ICE,” added the spokesperson.

DHS referenced five specific cases in New York involving noncitizens, who despite ICE detainers, remained at large or were released after arrests or convictions on serious charges including attempted murder and assault. ICE subsequently apprehended all five individuals.

Governor Hochul defended the state’s ban on 287(g) agreements, stating that local law enforcement should concentrate on local crime. During ‘Morning Joe,’ co-host Willie Geist questioned the impact on ICE’s ability to secure agreements with New York police forces. Governor Hochul reaffirmed the ban as a legal measure now in effect.

The Local Cops, Local Crimes Act, enacted in May and effective from Tuesday, prohibits state and local entities from participating in 287(g) agreements, designed for trained local personnel to perform federal civil immigration duties under ICE oversight. Hochul’s office clarified that the law does not hinder jails from cooperating with ICE regarding deportable individuals in custody, subject to local regulations. Public corrections law mandates notification of federal immigration authorities when a noncitizen is received into custody.

In opposition, fifteen New York county sheriffs filed a federal lawsuit against the Hochul administration, arguing the new law unlawfully restricts their federally authorized ICE agreements. The lawsuit, spearheaded by Rensselaer County Sheriff Kyle Bourgault, asserts that the ban undermines the authority of independently elected sheriffs.

Attorney General Letitia James has initiated legal action against Rensselaer County, seeking to end their 287(g) agreement. This move is part of efforts by the state’s Office of Immigrant Trust, recently established to oversee such issues.

A separate federal case saw a judge deny the Justice Department’s request for a preliminary injunction against the ban, allowing the new law to remain effective as of Tuesday. Meanwhile, the sheriffs involved are seeking emergency relief in their lawsuit.