Rensselaer County – In a decision issued on Nov. 4, U.S. District Judge Mae A. D’Agostino denied a preliminary injunction sought by 15 county sheriffs who argued that New York’s recently enacted Local Cops, Local Crimes Act unlawfully interferes with existing immigration‑enforcement agreements.
Background of the state law
The law, signed by Governor Kathy Hochul on May 27, 2026, bars local law‑enforcement agencies from entering into or maintaining certain agreements with federal immigration authorities, including the Section 287(g) program of the Immigration and Nationality Act. Under 287(g), trained local officers work under federal supervision to identify and process illegal immigrants who are already in custody.
Sheriffs’ constitutional challenge
The lawsuit, led by Rensselaer County Sheriff Kyle Bourgault, contends that the statute violates the U.S. Constitution and the New York Constitution by impeding existing contracts and limiting the authority of independently elected sheriffs. The sheriffs sought a temporary halt to the law’s enforcement while the case proceeds.
Judge D’Agostino ruled that the sheriffs had not shown a likelihood of success on the merits of their constitutional claims. Under New York law, local officials generally cannot challenge state legislation on constitutional grounds unless they fall within narrowly defined exceptions, which the court found were not applicable here.
Local officials respond
Following the ruling, Sheriff Bourgault said his office is reviewing its options and remains committed to using immigration‑related screening at the county jail. “This screening is an effective tool for law enforcement,” he said. “It provides basic but necessary information about individuals in custody, including whether they are wanted here or abroad.”
Rensselaer County Executive Steve McLaughlin also criticized the restrictions, emphasizing the importance of “common‑sense law‑enforcement tools” such as screening all detainees, regardless of citizenship status. He warned that releasing an illegal immigrant who later harms a resident would make Governor Hochul and Attorney General Letitia James personally responsible.
State’s enforcement efforts
Attorney General James confirmed that the state is pursuing an order to compel the Rensselaer County Sheriff’s Office to terminate its 287(g) agreement, which was first entered into in 2018 and renewed in March 2020. The state also expressed concerns that the law could affect funding for law‑enforcement equipment.
What comes next?
The court’s decision leaves the state’s restrictions in place while the broader legal dispute continues. The lawsuit was not dismissed, and the sheriffs may still seek appellate review or pursue other legal avenues.
Both sides argue that the outcome will have significant implications for public safety and the balance of power between state and local law‑enforcement officials. As the case moves forward, residents of Rensselaer County and the wider Capital Region will be watching closely to see how the balance between immigration enforcement and local policing is ultimately resolved.
Original reporting: CBS 6 WRGB Albany (local) — read the source article.
