New York Localities Fight State Mandate to Cut Federal Immigration Enforcement Ties

New York Localities Fight State Mandate to Cut Federal Immigration Enforcement Ties

2026-08-26 politics

Troy, Wednesday, 26 August 2026.
Rensselaer County and 14 other New York sheriffs have filed federal lawsuits challenging a state law enacted on August 25, 2026, which bans local police partnerships with federal immigration authorities.

Statewide Mandate Takes Effect Amidst Local Defiance

As of Tuesday, 2026-08-25, law enforcement agencies across New York State are legally required to terminate formal cooperation contracts with federal immigration authorities [1][3]. Governor Kathy Hochul announced the new legislation, known as the ‘Local Cops, Local Crimes Act,’ which prohibits locally funded police from utilizing resources for civil immigration enforcement matters [2][4]. Despite the mandate, Rensselaer County officials, including County Executive Steve McLaughlin and Sheriff Kyle Bourgault, have announced they will not comply with the state directive [1][3]. The county plans to file a federal lawsuit against the state to maintain its 287(g) Jail Enforcement Model agreement with U.S. Immigration and Customs Enforcement (ICE) [2][3].

Statewide Mandate Takes Effect Amidst Local Defiance

The legal dispute expanded on 2026-08-25, when 15 New York sheriffs filed a lawsuit in U.S. District Court in Albany challenging the constitutionality of the ban [5][6]. The litigation represents counties including St. Lawrence, Wayne, Broome, Madison, Cattaraugus, Orange, Jefferson, Saratoga, Lewis, Franklin, Delaware, Fulton, Oswego, Cayuga, and Rensselaer [5]. While the state law took effect the week of 2026-08-24, the U.S. Department of Justice had previously filed a separate lawsuit against New York in June 2026 regarding the same legislation [5]. A federal judge previously allowed New York to enforce its ban on 287(g) agreements while federal litigation proceeds, though the same ruling temporarily blocked the state’s ban on ICE agents wearing masks [2][5].

Financial Implications for Local Jurisdictions

Non-compliance with the state law carries significant financial consequences for local jurisdictions, as counties maintaining 287(g) agreements will be ineligible for state funding [3][4]. Specifically, Rensselaer County would be eligible for a $250,000 law enforcement technology grant if not for the conflict with the new state immigration law [3]. Sheriff Kyle Bourgault stated that the county receives zero federal funding for the 287(g) program, emphasizing that the decision to maintain the agreement is not about money but public safety [3][4]. The state has declared that counties maintaining these agreements will forfeit state funding, including law enforcement technology grants [3].

Financial Implications for Local Jurisdictions

At the time the law was signed, 13 jurisdictions in New York held 287(g) agreements, but compliance rates shifted rapidly following the enactment [2][6]. By Tuesday, 2026-08-25, 11 jurisdictions had committed to withdrawing from these agreements, representing a compliance rate of 84.615 percent [2][6]. Rensselaer and Nassau counties remained as holdouts refusing to notify the state of withdrawal as of the morning of 2026-08-25 [2][6]. Rensselaer County has operated its 287(g) agreement since 2018, resulting in deportation proceedings initiated against nine immigrants during that period [2][3].

Governor Kathy Hochul warned on 2026-08-25 that any police department or sheriff’s office disobeying the law will face legal action [2][6]. Hochul stated, ‘Our law has been already upheld by courts, but if you’re trying it again, I say bring it on,’ indicating the state’s readiness to litigate [2][6]. Conversely, County Executive Steve McLaughlin responded, ‘We’ll see you in court, governor,’ arguing that the state’s actions do not make residents feel safer [2][6]. McLaughlin maintained that Rensselaer County does not conduct civil immigration enforcement but runs inmates through a federal database to identify other crimes committed [3][5].

Neighboring jurisdictions are monitoring the situation closely, with Nassau County Executive Bruce Blakeman stating he is reviewing the legal process to decide on withdrawing from 287(g) agreements [2][6]. Saratoga County Sheriff Jeff Brown confirmed on 2026-08-04 that he plans to join a lawsuit against the state law, despite his county lacking a 287(g) agreement [2][6]. The New York State Sheriffs’ Association issued guidance in the summer of 2026 clarifying that while new state laws restrict most employees from using public resources for immigration enforcement, the ban does not apply to local correctional facilities or sheriffs [5]. The outcome of this litigation will likely define the scope of local-federal cooperation in immigration matters for the foreseeable future [5][6].

Sources


Legal Challenge Immigration Law