New York investigates counties as 287(g) immigration enforcement ban begins

New York changes local ICE cooperation

New York’s statewide ban on 287(g) agreements became enforceable on August 25, 2026. The Local Cops, Local Crimes Act bars state and local law enforcement agencies from entering into or remaining in agreements that authorize their personnel to assist with federal civil immigration enforcement.

Governor Kathy Hochul says the change is intended to keep locally funded police focused on state and local public safety. The law does not prevent cooperation required by judicial warrants or court orders and does not bar cooperation involving federal criminal matters.

Understanding 287(g) agreements

The Local Cops, Local Crimes Act specifically targets 287(g) agreements, which allow designated state or local officers to perform certain federal immigration enforcement functions. Congress created the legal authority for these agreements in 1996, and the first 287(g) agreement was signed in 2002.

New York now prohibits local agencies from entering or remaining in those civil immigration enforcement agreements. The law also requires agreements used to house people solely for federal civil immigration violations to end after a three-month transition period, while allowing detention arrangements involving pending federal criminal charges.

What the Local Cops, Local Crimes Act does

The Local Cops, Local Crimes Act bans 287(g) agreements statewide and prohibits new agreements to house people solely for federal civil immigration violations. Existing civil immigration detention agreements receive a three-month transition period under the statute.

The broader 2026 state budget enacted separate immigration-related protections alongside the act. Those include education protections for students and the New York State Bivens Act, which creates a state-law avenue for certain constitutional claims against government officials.

Why some counties pushed back

Not everyone supports the new law. Nassau County Executive and Republican gubernatorial candidate Bruce Blakeman strongly opposes it, but Nassau terminated its 287(g) agreement on August 25 and announced that it would comply while pursuing a legal challenge.

Rensselaer County remained the principal holdout after the deadline. On August 27, Attorney General Letitia James sued the county sheriff’s office to force termination of its 287(g) agreement following an earlier investigative subpoena.

Hochul defends the new law

Governor Hochul strongly supports the law and says local police should concentrate on state and local public safety rather than federal civil immigration enforcement. She has warned that agencies maintaining prohibited 287(g) agreements will face state enforcement action.

Hochul also noted that 53 of New York’s 62 counties had never entered a 287(g) agreement and said seven of those counties rank among the nation’s 25 safest communities.

Little-known fact: New York State has invested nearly $4 billion in law enforcement and public safety since Governor Hochul took office, leading to record-low reductions in crime.

Legal battles begin

Fifteen New York sheriffs filed a federal lawsuit seeking to block the state’s 287(g) ban, arguing that New York cannot prevent independently elected sheriffs from entering agreements authorized under federal law. The state has vowed to defend the measure.

In a separate federal case brought by the U.S. Department of Justice, a judge denied the government’s request for a preliminary injunction against the 287(g) ban, allowing it to take effect. The judge separately issued preliminary injunctions against New York’s face-covering and officer-identification provisions while that litigation continues.

Little-known fact: The U.S. Department of Justice filed a lawsuit in federal court seeking to block the 287(g) prohibition. The court denied the DOJ’s motion for a preliminary injunction, allowing the ban to take effect.

What supporters say it means for families

Supporters say separating local policing from federal civil immigration enforcement could make immigrant residents more willing to report crimes, speak with officers, and cooperate as witnesses. The law does not eliminate federal immigration enforcement, but it limits the use of local law enforcement resources through 287(g) agreements.

Several New York police chiefs have endorsed that approach. Albany Police Chief Brendan Cox said trust directly affects public safety and warned that communities become less safe when victims and witnesses are afraid to contact police.

The political divide in New York

The law has become an issue in New York’s gubernatorial race. Democratic Gov. Kathy Hochul supports the 287(g) ban, while Republican challenger Bruce Blakeman strongly opposes it.

Nassau County terminated its 287(g) agreement on August 25 to comply with state law, but Blakeman has continued to challenge the prohibition and defend cooperation with federal immigration authorities. New York voters will choose their next governor on November 3.

The cost factor for counties

Money plays a role in this debate too. Clinton County ended its ICE agreement earlier this year. Sheriff David Favro said ICE only paid $109 per night to hold detainees, which didn’t cover costs.

Orange County received twice that amount but still ended its contract. Some sheriffs worry about losing federal funding. Others say the state law simply makes sense for local budgets and priorities.

Nationwide context

New York isn’t alone in limiting ICE cooperation. Other states like Maryland have passed similar laws. Meanwhile, the Trump administration has expanded 287(g) partnerships across the country.

ICE now has over 2,300 agreements in 39 states. That’s a huge increase from about 135 in early 2025. This creates tension between state and federal governments over immigration enforcement.

What local police say?

Many police chiefs support the new approach. Kingston Police Chief Egidio Tinti says officers can now focus on preventing crime and building trust. Tuckahoe Police Chief Larry Rotta agrees community policing works best.

These chiefs argue that strong relationships with residents keep everyone safer. When people trust police, they report crimes and help solve cases. That’s the kind of cooperation that really matters.

Concerns about safety

Opponents raise safety concerns about this law. They point to serious crimes involving immigrants as reasons for cooperation. Some worry that without ICE partnerships, dangerous people might stay in communities.

However, supporters note that police can still work with ICE on criminal matters. The law only restricts civil immigration enforcement. Local police can still arrest people for actual crimes.

Want to see how legal battles can get even more complicated? Check out how a music heiress’s yearslong NYC apartment stay sparks a lawsuit.

Looking ahead

The future of the law will depend partly on the court challenges now underway. Immigration enforcement is also an issue in New York’s November gubernatorial election, while ICE continues expanding 287(g) partnerships elsewhere in the country.

For now, New York has barred local 287(g) agreements. Supporters hope the separation between local policing and federal civil immigration enforcement will encourage more immigrant residents to report crimes and cooperate with police, while opponents continue to argue that the restrictions could weaken public safety.

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This slideshow was made with AI assistance and human editing.

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