In a coordinated legal challenge, fifteen sheriff’s departments across New York State have filed a federal lawsuit against Governor Kathy Hochul and Attorney General Letitia James. The suit seeks to block a newly enacted law that prohibits local law‑enforcement agencies from entering into 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE).
Local sheriffs assert constitutional authority
The lawsuit names Cattaraugus County Sheriff Eric Butler as one of the lead plaintiffs. Butler and his fellow sheriffs argue that the state law infringes on the powers granted to them by the Constitution and by the voters who elected them. Because sheriffs are independently elected officials, they maintain the right to decide whether their counties cooperate with federal immigration agents.
What the new law does
Effective Tuesday, the legislation bars any local police department, sheriff’s office, or other law‑enforcement entity from signing a 287(g) memorandum of understanding with ICE. Under a 287(g) agreement, local officers receive training and authority to enforce certain federal immigration statutes, a tool many jurisdictions have used to address undocumented immigration in their communities.
Legal arguments
The plaintiffs contend that the ban violates the Tenth Amendment, which reserves powers not delegated to the federal government to the states and the people. They also claim the law oversteps the authority of the state legislature by dictating how local officials may allocate their resources and enforce the law.
Attorney General Letitia James, representing the state, argues that the ban is a legitimate exercise of state power to protect local communities from what officials describe as the over‑reach of federal immigration enforcement. The administration maintains that the measure promotes public safety and respects the rights of residents who may be reluctant to cooperate with law‑enforcement out of fear of immigration consequences.
Potential impact on local policing
If the court upholds the sheriffs’ challenge, counties could once again enter into 287(g) agreements, allowing local officers to assist ICE in identifying and detaining individuals who are in the country illegally. Supporters of the law argue that ending such agreements will foster trust between immigrant communities and local police, encouraging cooperation on crimes unrelated to immigration status.
Opponents, including the sheriffs, warn that the ban hampers their ability to address criminal activity that crosses state lines and undermines the constitutional balance between state and local authority.
Next steps
The case is now before a federal district court, where a judge will consider whether the state’s prohibition on 287(g) agreements is consistent with constitutional principles. Both sides have indicated they are prepared for a lengthy legal battle, underscoring the broader national debate over immigration enforcement and the role of local law‑enforcement in that effort.
Regardless of the outcome, the lawsuit highlights the ongoing tension between state governments seeking to limit federal immigration involvement and local officials who assert their right to determine how best to protect their communities.
Original reporting: WESB (Bradford) — read the source article.