Full Breakdown
New York’s Ban on 287(g) Agreements Sparks Dual Lawsuits
8/29/2026, 5:01:33 AM
Core Event
On August 25, New York’s “Local Cops, Local Crimes Act” took effect, voiding any existing Section 287(g) agreements that let local police enforce federal immigration law for ICE. Agencies had 90 days to terminate the agreements; any still in place after the deadline is unenforceable under state law.
Background & Context
Governor Kathy Hochul signed the ban on May 27 as part of an immigration-policy package. Section 287(g) of the Immigration and Nationality Act authorizes local officers to question, arrest, and detain individuals suspected of civil immigration violations. Before the ban, twelve local agencies maintained such agreements, and fifteen county sheriffs sued, claiming the state lacked authority to void the contracts.
Data & Statistics
- 12 local agencies had active 287(g) agreements when the law was enacted.
- 15 sheriffs filed the lawsuit.
- Rensselaer County is the only jurisdiction that has not indicated intent to dissolve its agreement, making it the sole outlier among New York’s 62 counties.
Official Statements & Responses
Governor Hochul said local police should focus on community safety rather than acting as “de facto ICE agents.” The Department of Homeland Security warned that limiting cooperation could force federal officers to use more visible tactics, which DHS says may raise public-safety risks. A federal judge in the Northern District of New York denied the Justice Department’s request to block the ban, leaving the August 25 deadline intact.
Criticism & Opposition
Sheriff Kyle Bourgault of Rensselaer County framed the dispute as broader than the 287(g) program, arguing the ban removes tools he says are essential for protecting local communities.
Conflicting Reports & Gaps
Sources differ on the historical prevalence of 287(g) agreements. One report claims only one of New York’s 62 counties had such an agreement before 2025, while another notes twelve agencies were participating when the ban was enacted. The exact number of counties that ever entered 287(g) agreements remains unclear.
Verbatim Quotes
- “All law enforcement agencies are expected to uphold New York’s laws,” — General Letitia James
- “We look forward to answering this legal action,” — Richard Crist, county spokesman
- “Compliance with the Local Cops, Local Crimes Act is not optional. Rensselaer County’s failure to act in accordance with the law sends a clear message: these elected leaders are not serious about New Yorkers’ safety,” — Gov. Kathy Hochul
- “This isn’t just about 287(g). This is about tools being taken away from law enforcement to safely protect the people they are closest to,” — Sheriff Kyle Bourgault
What’s Next
State officials continue to enforce the ban, while the sheriffs’ coalition seeks a preliminary injunction to halt its implementation. The federal government’s earlier challenge remains unresolved, and both state and federal courts are expected to address the competing lawsuits in the coming months.
