A new state law restricting cooperation between local law enforcement agencies and U.S. Immigration and Customs Enforcement is set to take effect August 25, but questions remain about whether every county and police department will comply.
The Local Cops, Local Crimes Act, approved as part of New York’s state budget, prohibits local law enforcement agencies from entering into or renewing federal agreements that allow officers to perform certain civil immigration enforcement duties.
Times Union staff writer Maria M. Silva told Radio Catskill that the law is aimed primarily at ending formal partnerships known as 287(g) agreements.
Under those agreements, participating police and corrections officers receive federal training and authorization to carry out limited immigration enforcement duties under ICE supervision.
“The New York law is prohibiting local agencies from entering into those agreements or even renewing those agreements,” Silva said.
When the legislation passed, 13 local law enforcement agencies across New York had active 287(g) agreements, according to ICE data cited by the Times Union. Some departments have already begun ending those partnerships, including the Mohawk Village Police Department in Herkimer County.
Other officials have indicated they may challenge the law or continue communicating with federal immigration authorities informally.
Rensselaer County Sheriff Kyle Bourgault has said he intends to challenge the law in court. Madison County Sheriff Todd Hood told the Times Union that his office would continue working with federal immigration authorities on what he described as a close but informal basis.
Local jails could lose ICE contracts
The law also prohibits agreements allowing county jails to hold people solely for civil immigration violations.
That provision could have a significant effect on counties that receive federal payments for housing ICE detainees.
The Orange County Jail has housed immigration detainees since 2008. Records obtained by the Times Union showed that the jail has generated millions of dollars annually through its ICE contract.
Silva explained that county jails may continue holding people facing criminal charges or convictions. However, under the state law, they would no longer be allowed to hold someone solely because of a civil immigration violation.
Several sheriffs have argued that losing federal detention contracts could hurt local budgets and public safety programs.
Gov. Kathy Hochul’s administration is attempting to encourage compliance by offering $75 million in technology grants to law enforcement agencies that follow the new state requirements.
Immigrant advocates track detainees ahead of possible transfers
Immigrant-rights organizations have largely supported the law but are concerned about what will happen to people currently being held in county jails.
Advocacy groups are tracking detainees and trying to connect them with attorneys before local facilities begin ending their ICE contracts.
One concern is that detainees could be moved farther away from their families and legal representation. Some sheriffs have also argued that people may be transferred to federal facilities with fewer protections or worse conditions.
However, immigrant-rights advocates contend that detainees already face poor conditions in some New York county jails, including the Orange County Jail, which is the subject of a pending federal civil-rights lawsuit.
Legal challenges could extend beyond August 25
New York Attorney General Letitia James has said municipalities that refuse to end their agreements could face civil court action. Her office is also reviewing complaints involving cooperation outside formal contracts, including allegations that local agencies have provided translation services, facilities or other assistance to ICE.
At the same time, New York and the federal government have filed competing lawsuits over whether the state has the authority to limit local participation in federal immigration enforcement.
As the August 25 deadline approaches, Silva said it remains unclear how local agencies will respond and how the courts will resolve the growing dispute.
Read Maria M. Silva’s original reporting for the Times Union:
https://www.timesunion.com/state/article/new-york-ice-cooperation-ban-faces-resistance-22325616.php
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