Police From GOP-leaning Counties Set To Fight Against New York ICE Law
Governor Kathy Hochul said any police or sheriff departments still working with DHS could face legal action.
A new law banning police and sheriff's departments in New York from collaborating with federal Immigration and Customs Enforcement (ICE) began on Tuesday, drawing opposition from regions that voted for President Donald Trump in 2024. Signed by Democratic Governor Kathy Hochul in May, the Local Cops, Local Crimes Act prohibits local governments from entering into or staying in "287(g)" agreements with ICE.
The majority of localities that entered such agreements are in areas that supported Trump's presidential campaign. Any police department or sheriff's office defying this law will face legal consequences, Hochul announced at a press conference. While the law garners support from immigrant rights groups, it faces strong criticism from some county leaders and sheriffs.
Several of them argue that these agreements can aid in identifying criminals within local custody and enhance cooperation. In response to the ban, multiple agencies have united to challenge the law in court. Despite adhering to the new law, Cattaraugus County Sheriff Eric Butler vowed to not remain silent about its hypocrisy and consequences.
He, along with 21 other New York sheriffs, filed a lawsuit against Hochul and Attorney General Letitia James to contest the state's action. Butler emphasized that compliance does not equate to agreement or surrender. The federal 287(g) program, established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, allows ICE to delegate specific immigration enforcement powers to state and local law enforcement agencies through agreements.
Supporters contend that the program aids in removing individuals posing public safety threats, while detractors argue that it diverts local resources towards federal civil immigration enforcement and erodes trust between immigrant communities and police. During Trump's second term, the number of agencies joining the program surged, especially in Republican-leaning areas.
Consequently, due to the lack of interaction between local police and federal authorities, over 6,900 known illegal immigrants with criminal records or charges were released instead of being handed over to federal agents between January 20, 2025, and December 1, 2025. Hochul stated that the 287(g) ban wouldn't impact whether criminals were turned over to ICE, asserting that police would assist federal agents only if a genuine crime has transpired.
However, on civil immigration matters, ICE would have to handle them independently. Records revealed that certain county sheriff's offices and police departments in various parts of New York had entered into 287(g) agreements before the state ban came into effect. The New York Attorney General's office identified 12 agencies affected by the law, while ICE records showed active agreements in eight instances across five counties as recently as August 2026.
Newsweek reached out to the impacted law enforcement agencies for their comments on Tuesday. ICE records indicated that Nassau, Niagara, Steuben, Cattaraugus, and Rensselaer counties had agreements, including task-force, warrant-service, and jail-enforcement arrangements. Sheriff Eric Butler of Cattaraugus County maintained that the new state law wouldn't prevent his department or others from cooperating with ICE, including locating individuals with valid criminal arrest warrants.
He criticized the law as a political platform during a reelection year that does nothing to ensure public safety. Otsego County Sheriff Richard J. Devlin Jr. expressed defiance, stating that his oath is to the people of the county—not to politics or an agenda. He vowed to enforce the law, protect communities, and prioritize public safety.
Many of the affected counties strongly supported Trump in the 2024 election, with some of them showing overwhelming support. Trump garnered roughly 66 percent of the votes in Cattaraugus County, nearly 66 percent in Steuben County, about 57 percent in Niagara County, and just over 51 percent in Nassau County. Rensselaer County, however, narrowly supported then-Vice President Kamala Harris, but its leaders vehemently opposed Hochul's ban.
Rensselaer County Sheriff Kyle Bourgault accused Hochul and Attorney General Letitia James of not providing answers on how their action enhances the state or Rensselaer County's safety. He, along with 21 other sheriffs, initiated a legal challenge against the law, arguing that cooperation agreements with ICE assist local authorities in identifying dangerous offenders and improving public safety.
Hochul and Democratic Attorney General Letitia James contend that local police resources should remain focused on local crimes rather than federal civil immigration enforcement. The legal dispute may serve as a significant test of the extent to which states can restrict local authorities. Hochul emphasized that no county executive should believe they are above the law in New York.
The legal battle could offer a substantial assessment of how far states can go in limiting local authorities.
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