New York Gov. Kathy Hochul and Attorney General Letitia James notified county officials that any agreements allowing local jails to hold people solely for federal civil immigration violations must be terminated by November 25 under New York’s Local Cops, Local Crimes Act. According to the state’s notice, after that date such contracts are void and unenforceable under New York law, and local officials are expected to use any available termination clauses to end them.
What the state says it will no longer allow
The Local Cops, Local Crimes Act, signed by Hochul on May 27, prohibits local governments and law enforcement agencies from entering into, modifying, renewing, extending, or remaining in any contract or intergovernmental service agreement to house or detain individuals for federal civil immigration violations. The reported directive covers formal and informal arrangements, including those under federal Immigration and Nationality Act provisions authorizing civil immigration detention. The law also restricts 287(g) agreements that deputize local officers to perform certain immigration functions.
Counties with mixed contracts that include both criminal and civil detention are directed to end only the civil immigration detention portion. Exceptions remain for detaining individuals with pending federal criminal charges and for complying with state or federal court orders or judicial warrants.
How the state frames it
In a press statement quoted in the report, Hochul said local law enforcement “should be focused on protecting New Yorkers and keeping dangerous criminals off our streets, not helping ICE carry out their aggressive deportation agenda,” adding that “allowing ICE to utilize our local jails for civil immigration detention does not make New York safer.”
James’s office said that “local officials should not be doing the work of federal immigration authorities” and that “taxpayer resources should be dedicated solely to keeping our communities safe,” according to the same account.
Enforcement powers cited
The Attorney General’s Office of Immigrant Trust can receive complaints, investigate, issue subpoenas, and bring civil actions to enforce compliance, per the notice described in the report.
Sheriffs’ lawsuit hits an early setback
The notice followed a November 4 ruling in which U.S. District Judge Mae A. D’Agostino denied a preliminary injunction sought by roughly 15 New York sheriffs, led by Rensselaer County Sheriff Kyle Bourgault. The sheriffs argued the law interferes with their authority and existing federal agreements. The court found they had not shown a likelihood of success on their constitutional claims at this stage, leaving the restrictions in place while the broader lawsuit proceeds, according to the report. Hochul’s office characterized the decision as preserving “critical protections” against what it called ICE’s “aggressive and abusive enforcement tactics.”
What counties are told to do now
County executives and sheriffs were told to use any termination provisions in their agreements and to cease civil immigration detention in local jails by November 25. After that date, the state says such contracts are unenforceable under New York law.
Editor’s note: All details above reflect the account and quotations attributed to state officials and the court as reported in the source material. Human review required before publication.
