New York State’s new law restricting local law enforcement agencies from cooperating with the US Immigration and Customs Enforcement (ICE) officially went into effect on August 25th. On the day the law took effect, New York State Attorney General Jen Lo issued subpoenas to several counties, including Nassau County, accused of “failing to complete the termination process of relevant cooperation agreements.” This further intensified the legal dispute over immigration enforcement authority between the state government and some local governments.
Governor Hocu signed the law known as the “Local Cops, Local Crimes Act” in May of this year. The new law prohibits local governments and law enforcement agencies from maintaining formal cooperation agreements with ICE involving civil immigration enforcement and also prohibits ICE from using local detention facilities for civil immigration detention, including large-scale raids.
Hocu stated that the core of the new law is to allow local police to focus resources on handling local crimes instead of enforcing federal civil immigration policies. She mentioned that local police can still assist ICE in cases involving “real criminal incidents,” but on civil immigration matters, federal law enforcement agencies need to take responsibility themselves.
According to information released by the Attorney General’s office in July, at that time, there were 12 local law enforcement agencies in New York State with existing 287(g) cooperation agreements with ICE. The office requested these agencies to terminate the agreements by August 25th. The 287(g) program originally allowed local law enforcement officers to assist federal immigration enforcement in specific circumstances.
However, some local officials oppose the new law. Nassau County Executive Bruce Blakeman has been supportive of local government cooperation with ICE. He previously stated that through cooperation with ICE, Nassau County has handed over a significant number of illegal immigrants with criminal records to the federal government, contributing to crime reduction and community safety.
On August 25th, Attorney General Jen Lo’s office issued subpoenas to local law enforcement agencies, including the Nassau County Police Department, as reported by CBS News. According to New York Public News, these actions target local agencies that the state government believes have not confirmed the termination of 287(g) agreements or have not responded in compliance with requirements.
On the day the new law took effect, 15 county sheriffs filed a lawsuit at the Albany federal district court, challenging the state government’s law prohibiting local law enforcement agencies from entering into cooperation agreements with the federal immigration department.
This dispute also involves a legal battle between the federal and state governments. Previously, the federal government had challenged New York State’s restrictions on local cooperation with ICE, but earlier this month, a federal judge made a preliminary ruling rejecting the overturning of the main restrictions imposed by the state government on prohibiting local law enforcement agencies from participating in the 287(g) cooperation. However, the court separately blocked the related provision in the New York law that prohibits ICE enforcement officers from wearing masks.