New York sheriffs sue state to block governor’s new anti-ICE law
The law’s provision nicknamed the “Local Cops, Local Crimes Act” is aimed at preventing state and local law enforcement from cooperating with federal immigration authorities, which the sheriffs say endangers their communities and violates the constitutional rights of their offices.
A coalition of New York sheriffs have joined forces with a major immigration policy organization to sue the state over a restrictive new “sanctuary” law. The Federation for American Immigration Reform (FAIR) filed a lawsuit this week on behalf of 15 New York sheriffs, challenging the “Local Cops, Local Crimes Act,” which prohibits state and local law enforcement from cooperating or collaborating with federal immigration enforcement, and the state’s newly formed Office of Immigrant Trust.
In May, Democratic New York Gov. Kathy Hochul signed into law the “Public Protection and General Government,” which includes a provision nicknamed the “Local Cops, Local Crimes Act,” barring state and local police from entering into memorandums of agreement or other contracts with U.S. Immigration and Customs Enforcement (ICE). The contracts empower police to assist in the identification, detention, and removal of illegal aliens and often provide those police with federal funds to facilitate those partnerships.
The Office of Immigrant Trust, established in the same legislation, is a division of the attorney general’s office tasked with investigating state and local law enforcement to enforce compliance with the “Local Cops, Local Crimes Act.”
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The plaintiffs challenging the new law argue that the changes are stifling partnerships with federal law enforcement.
“These partnerships are now under attack,” the lawsuit stated. “Together, these provisions do more than express a policy preference. They nullify the ability of independently elected constitutional officers to enter into contracts authorized by federal law.”
Under the new law, existing agreements between local and federal law enforcement agencies became void and unenforceable on Aug. 26. Local law enforcement have been given three months to terminate contracts to house or detain illegal aliens to be turned over to ICE for removal proceedings. According to the lawsuit, Democratic New York Attorney General Letitia James has already issued pre-enforcement letters and begun investigative measures under the Office of Immigrant Trust.
“The resulting harm is imminent and irreparable,” the sheriffs said in their lawsuit. “Absent immediate relief from this Court, Plaintiffs will be stripped of their independent authority to maintain lawful cooperative agreements, will lose the operational and financial benefits of those agreements, and will face investigative coercion directed at their core constitutional functions.”
The lawsuit seeks a temporary restraining order to block the law from being enforced while the case is litigated and ultimately requests a permanent injunction barring the law from taking effect.
Dale L. Wilcox, executive director and general counsel of FAIR, said in a statement that the new law does more than just “decline” cooperation with federal law enforcement. “It actively dismantles existing, congressionally authorized partnerships that sheriffs lawfully entered to protect their communities,” he said.
The lawsuit was filed on behalf of Sheriffs Kyle Bourgault of Rensselaer County, Patrick Engle of St. Lawrence County, Robert Milby of Wayne County, Frederick Akshar of Broome County, Todd Hood of Madison County, Eric Butler of Cattaraugus County, Paul Arteta of Orange County, Peter Barnett of Jefferson County, Jeffrey Brown of Saratoga County, Michael Carpinelli of Lewis County, Jay Cook of Franklin County, Craig DuMond of Delaware County, Richard Giardino of Fulton County, Don Hilton of Oswego County, and Brian Schenck of Cayuga County.
Already, Hochul and James have filed a countersuit against Bourgault’s office to force the termination of agreements with federal law enforcement. Just days after the new law took effect, James charged that Bourgault’s office “has been given every opportunity to follow the law, yet has chosen not to.”
In a press conference, Bourgault responded, ““I was elected by the people of Rensselaer County to serve as their sheriff and to make the difficult decisions on how we keep this county safe.” He continued, “That is why I will continue to advocate for the independence of the office of sheriff, for local decision-making, and for every lawful tool that I believe will help us protect the citizens that we serve.”
According to FAIR, there were over 1,000 “sanctuary” jurisdictions in the U.S. as of May 2025. California (189) and Illinois (113) boasted the highest number of counties and municipalities with “sanctuary” policies on the books, in addition to statewide prohibitions on cooperating or collaborating with ICE. Colorado (73), Oregon (59), Washington (58), Massachusetts (54), and New York (46) also contained numerous “sanctuary” jurisdictions, with most of those states also enacting statewide “sanctuary” policies.
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