New York Attorney General Letitia James has filed a lawsuit against the Rensselaer County Sheriff’s Office, accusing it of refusing to terminate an agreement with U.S. Immigration and Customs Enforcement despite a new state law prohibiting such partnerships.
The lawsuit, announced alongside Governor Kathy Hochul, seeks a court order compelling the Sheriff’s Office to end its agreement with ICE under Section 287(g) of the federal Immigration and Nationality Act.
Section 287(g) agreements allow selected state and local officers to perform certain federal civil immigration enforcement functions. Depending on the arrangement, participating officers may be authorized to question, arrest or detain individuals suspected of violating federal immigration law.
New York’s Local Cops, Local Crimes Act, signed into law on May 27, prohibits state and local law enforcement agencies from entering or remaining in these agreements. Agencies with existing partnerships were given 90 days—until August 25—to begin terminating them.
The Rensselaer County Sheriff’s Office has maintained a 287(g) agreement with ICE since March 2020. The Attorney General’s Office said it contacted the agency after the new law was enacted and subsequently issued a formal demand for documents showing what action had been taken to end the partnership.
State officials said they did not receive confirmation that the agreement had been terminated. Of the 12 New York law enforcement agencies that held 287(g) agreements before the law took effect, Rensselaer County was reportedly the only one that had not indicated its intention to dissolve the partnership.
James argues that local law enforcement resources should remain focused on investigating crimes and protecting communities rather than carrying out federal civil immigration duties. Hochul said compliance with the state law was mandatory for every local agency.
Rensselaer County officials and other opponents of the legislation dispute the state’s position. Fifteen county sheriffs have filed a separate federal lawsuit challenging the law, arguing that it unconstitutionally interferes with their authority and prevents lawful cooperation with the federal government.
Supporters of the agreements maintain that cooperation with ICE strengthens public safety, particularly when dealing with individuals already being held on unrelated criminal charges. The state counters that the legislation does not prohibit cooperation involving criminal investigations or valid judicial warrants; its restrictions focus on local participation in civil immigration enforcement.
The lawsuit asks the Rensselaer County Supreme Court to declare the county’s agreement void and unenforceable under New York law and order the Sheriff’s Office to activate its termination provisions.
The dispute is expected to become an important test of how far states may go in limiting the role of local police in federal immigration enforcement.
