Sheriffs in New York Sue Governor Over Immigration Cooperation Law

A group of fifteen sheriffs from New York is taking legal action against Governor Kathy Hochul, seeking to maintain their collaboration with immigration officials. The sheriffs filed a lawsuit on Tuesday against Hochul and Attorney General Letitia James regarding the Local Cops, Local Crimes Act. This law, which took effect the same day, prevents local police departments from working with Immigration and Customs Enforcement (ICE).

The case, titled Bourgault v. Hochul, has Rensselaer County Sheriff Kyle Bourgault as the main plaintiff and was submitted to the Northern District of New York. The sheriffs are requesting a temporary restraining order and a preliminary injunction. Interestingly, a separate statute passed earlier this year now gives James the authority to investigate sheriffs who assist federal immigration agents. Both pieces of legislation were included in a budget package.

The newly implemented law specifically targets 287(g) agreements, which allow local law enforcement to take part in civil immigration actions. Counties that had such agreements were required to terminate them by Tuesday. However, the law still permits police to cooperate with ICE in criminal investigations.

Broome County Sheriff Fred Akshar has criticized the law, labeling it an “aggressive and gross overreach” by state authorities. He contends that it infringes upon the Tenth Amendment and undermines the powers granted to sheriffs by the state constitution. According to the complaint, these statutes essentially “nullify the ability of independently elected constitutional officers to enter into contracts authorized by federal law.” The sheriffs are represented by the Federation for American Immigration Reform.

In response, Governor Hochul has been unwavering. She remarked to those challenging the law, “Our law has already been upheld by the courts, but if you try me again, I say, bring it on.” Both Hochul and James referred to the lawsuit as a “frivolous waste of taxpayer dollars” in a joint statement, highlighting James’s previous efforts to issue subpoenas to various sheriff’s offices.

Nassau County Executive Bruce Blakeman, who is the Republican candidate for governor, intends to join the lawsuit, expressing serious concerns by stating, “This law is written in the blood of the victims past, present and future.” Meanwhile, Rensselaer County Executive Steve McLaughlin accused Hochul of launching a “war on the police.”