New York Sheriffs File Federal Suit Over Hochul ICE Ban


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A group of more than a dozen New York sheriffs are pushing back in federal court after Gov. Kathy Hochul signed the Local Cops, Local Crimes Act, a law that blocks local law enforcement from entering or continuing certain agreements with ICE. This article walks through the lawsuit led by Rensselaer County Sheriff Kyle Bourgault, the governor’s tough rhetoric, subpoenas from the attorney general, and the public reactions from county leaders and the Department of Homeland Security.

Rensselaer County Sheriff Kyle Bourgault is at the center of a federal challenge arguing the new law is unconstitutional and unlawfully limits elected sheriffs’ authority to enter federally authorized immigration enforcement arrangements. The sheriffs say they are defending public safety tools that have helped remove dangerous people with criminal records. They filed suit quickly after the law took effect because they view the statute as a direct clash between state mandates and federal immigration roles.

“Today, Kathy Hochul escalated her administration’s war on the police and she expanded polices to put criminals before the citizens of New York,” Rensselaer County Executive Steve McLaughlin said on Tuesday. That line captures the tone you’re seeing from Republican county leaders who argue the law ties local hands and risks public safety. The criticism centers on the belief that local officials know their communities best and should control how to cooperate with federal partners.

The Local Cops, Local Crimes Act, signed in May and effective immediately, bars local and state agencies from entering new partnerships with federal authorities to assist on civil immigration matters. It also forbids new agreements to house civil immigration detainees, and existing agreements must be wound down under their termination provisions within three months. Supporters say it protects immigrant families and prevents local resources from being diverted into federal civil immigration enforcement.

Police may still assist ICE in instances involving violent crime or other non-immigration offenses, but the statute forbids diverting local resources to civil immigration enforcement as part of what critics call a federal deportation agenda. That restriction is the key flashpoint for sheriffs who argue civil immigration detainer agreements are a lawful, cooperative tool. The dispute is about where responsibility and authority lie when a person charged with a crime also faces immigration issues.

Gov. Hochul made clear she expects localities to comply and warned she would sue those that do not, saying, “No county executive should think that they are above the law in the state of New York.” She doubled down on that confrontational approach at a press conference, where she also told challengers to the law, “And to those suing us, those trying to block the implementation of this law who’ve tried before and failed, our law has already been upheld by the courts, but if you try me again, I say, bring it on.” That tone has intensified the showdowns between the state and several Republican county leaders.

New York Attorney General Letitia James moved quickly to subpoena several law enforcement agencies that either did not confirm plans to end their agreements or provided responses her office found unsatisfactory. The subpoenas went to the sheriff’s offices of Broome, Steuben, Nassau and Rensselaer counties, as well as the Nassau County Police Department. The attorney general has warned she will file civil suits if those agencies fail to comply with the document requests.

Nassau County Executive Bruce Blakeman signaled he might join the sheriffs’ legal fight, saying he would “probably” join the sheriffs’ lawsuit and defending local work with ICE to remove illegal immigrants who have criminal records. He has repeatedly framed the issue as protecting communities from people who have committed crimes and argued that ending cooperation would return dangerous individuals to the streets. At one event, he asked pointedly, “Kathy Hochul, where do you want those guns? What neighborhood do you want to destroy? Where do you want those drugs? What community do you want to destroy? Where do you want those illegal immigrants with criminal records to live? You want it back in New York? We say no,” making the stakes clear for his constituents.

The Department of Homeland Security criticized the state move, saying Hochul “must stop putting politics above public safety.” A department spokesperson added sharp language about the consequences, warning, “This type of insanity leads to more crimes and more innocent victims.” Those federal comments underline how this conflict is being framed as a public safety debate as well as a legal battle between state authority and local officials who want to maintain federal cooperation.

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