Immigration Enforcement Showdown Erupts as 15 New York Sheriffs Challenge State Law
New York Gov. Kathy Hochul and Attorney General Letitia James face a legal challenge from 15 New York sheriffs over a new law restricting local cooperation with ICE.
Immigration Enforcement Showdown Erupts as 15 New York Sheriffs Challenge State Law
New York Sheriffs Take Hochul to Court Over New ICE Restrictions
A major legal battle over immigration enforcement is unfolding in New York after 15 county sheriffs sued Gov. Kathy Hochul and Attorney General Letitia James over a new state law restricting cooperation between local law enforcement agencies and U.S. Immigration and Customs Enforcement (ICE).
The lawsuit comes as tensions continue to grow between state and federal authorities over immigration enforcement. The new law, which took effect this week after being signed by Hochul in May, places significant restrictions on how local sheriffs and police departments can work with federal immigration officials.
At the center of the lawsuit is Rensselaer County Sheriff Kyle Burgo, who argues that the law is unconstitutional and could create serious challenges for public safety.
New York Law Restricts Local Cooperation With ICE
Under the new law, local law enforcement agencies face restrictions on entering agreements through the federal 287(g) program. The program provides a framework for cooperation between federal immigration authorities and participating state or local law enforcement agencies.
The legislation also removes the ability of sheriffs to house ICE inmates, according to Burgo.
Another major point of controversy is the creation of an Office of Immigrant Trust within the New York Attorney General’s office. Burgo criticized the new office, arguing that it gives the state additional authority to investigate sheriffs to determine whether they are complying with the law.
The sheriff said the restrictions go too far and could interfere with the ability of local law enforcement to assist federal partners during potentially dangerous situations.
Sheriff Warns of Potential Public Safety Risks
Burgo has strongly criticized the restrictions, saying cooperation between local and federal law enforcement can be important when officers encounter potentially dangerous individuals.
He argued that ICE agents may encounter people who are armed or pose a threat, and local police and sheriffs can serve as backup during law enforcement operations.
The sheriff questioned what could happen if federal immigration officers were unable to receive assistance from local authorities during a dangerous encounter involving an armed suspect or civilians nearby.
For Burgo, the issue is not simply about immigration policy. He says local law enforcement agencies need the ability to cooperate with federal partners when circumstances require it.
Hochul and James File Countersuit
The dispute has now developed into competing legal actions.
Hochul and James announced a countersuit against Burgo, accusing him of violating the new state law. Hochul questioned whether his county was taking the safety of New Yorkers seriously.
James similarly argued that the Rensselaer County Sheriff’s Office had been given opportunities to comply with the law but had chosen not to do so.
The attorney general said her office was pursuing the case to enforce New York’s laws and ensure local law enforcement agencies remain focused on protecting New Yorkers.
The competing lawsuits underscore the deep disagreement between New York state officials and some county sheriffs over how immigration enforcement should be handled.
DOJ Also Challenges New York’s Immigration Law
The legal fight is happening on another front as well.
According to Burgo, the U.S. Department of Justice has filed its own lawsuit against New York over the law in the Northern District of New York. A federal magistrate judge declined to immediately issue a stay that would have temporarily blocked the law.
The sheriffs’ case is proceeding separately. Burgo said their lawsuit was filed Tuesday afternoon, followed by an order to show cause against New York State issued Wednesday morning by Judge Mae A. D’Agostino of the Northern District of New York.
The sheriff said the order represents an important development for their case, although he acknowledged that significant legal work remains.
New York Immigration Battle Moves Into the Courts
The lawsuits could determine how much cooperation local law enforcement agencies can provide to federal immigration authorities in New York.
The dispute also raises broader questions about the balance between state immigration policies, local law enforcement authority and federal immigration enforcement.
For Hochul and James, the new restrictions are state law and must be followed. For Burgo and the sheriffs challenging the legislation, the restrictions could undermine cooperation with federal law enforcement and create difficulties during potentially dangerous operations.
With the new law now in effect and multiple lawsuits underway, the courts will have a major role in determining what happens next.
The New York immigration enforcement fight is therefore far from over. As the sheriffs’ lawsuit moves forward alongside the federal government’s legal challenge, the outcome could have significant implications for the relationship between local law enforcement and ICE across the state.
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